8 Feb 2010
WAN CHEE LEUNG v. LAM KI MAU AND ANOTHER
- Citation
- WAN CHEE LEUNG v. LAM KI MAU AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCPI95/2006
The court found the prior EC judgment and Court of Appeal determination that the plaintiff fell while clearing the site (which the Court of Appeal held included cutting off protruding steel bars) is binding on the defendant for liability; the defendant’s new medical evidence did not establish the exceptional circumstances necessary to relitigate that core factual finding, although issues of negligence in the operation and assessment of the plaintiff's medical condition and credibility remain open and may be pleaded and tried.