Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Indemnity and contribution between defendants

Legal area

Court

19 Mar 2010

KWONG KIN YIN v. SHUN LEE COPPER & DECORATION LTD AND ANOTHER

Citation

KWONG KIN YIN v. SHUN LEE COPPER & DECORATION LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI285/2008

The appeal was dismissed because material factual disputes about who contracted the works and who employed the plaintiff could not be resolved on affidavit evidence; the Master rightly refused to strike out the Third Party Notice and the matter must proceed to trial for full fact-finding and cross-examination.
15 Mar 2002

CHENG PIK KIN AND ANOTHER v. ALLIED MARINE CONSULTANTS LTD. AND OTHERS

Citation

CHENG PIK KIN AND ANOTHER v. ALLIED MARINE CONSULTANTS LTD. AND OTHERS
Court

Court of First Instance
Case number

HCPI748/2000

Where a lawful visitor died after entering an enclosed cargo access hatch, the master/shipowner bears the greater share of responsibility for failing to ensure safety and to monitor operations; the employer also breached duties by inadequate training/informing; the deceased was contributorily negligent; apportionment of liability follows causation and blame: 50% to shipowner/charterer, 30% to employer, 20% to deceased; contribution follows these proportions and allows recovery by 2nd/3rd defendants from 1st defendant accordingly.