Hong Kong Case Law: Decisions & Judgments

Topic

Indemnity under subcontract

Legal area

Court

27 Feb 2006

WONG CHUN KUEN v. WONG TIN LAM AND OTHERS

Citation

WONG CHUN KUEN v. WONG TIN LAM AND OTHERS
Court

Court of First Instance
Case number

HCPI163/2002

The court found Dah Chong Hong entitled to recover from Sun Yu Chau under the express indemnity terms of their subcontract because Sun Yu Chau abandoned its misrepresentation defence, failed to prove late notification or repudiation of the EC policy, and the EC policy in any event did not cover Sun Yu Chau for the negligent common law liability to the plaintiff; accordingly judgment was entered for Dah Chong Hong for the specified sums and the counterclaim dismissed.
27 Jun 2003

SANFIELD BUILDING CONTRACTORS LTD v. LI KAI CHEONG

Citation

SANFIELD BUILDING CONTRACTORS LTD v. LI KAI CHEONG
Court

Court of Final Appeal
Case number

FACV16/2002

Where an accident of unknown cause would not ordinarily occur without negligence, res ipsa loquitur permits the court to infer negligence against persons in control unless an acceptable explanation is offered; a defendant cannot defeat that inference by pointing to an unspecified, discoverable defect; concurrent factual findings stand absent special circumstances; the appellant failed to rebut the inference and the appeal (liability and costs) is dismissed.
4 Dec 2001

LI KAI CHEONG v. LAM YING WAI & OTHERS

Citation

LI KAI CHEONG v. LAM YING WAI & OTHERS
Court

Court of First Instance
Case number

HCPI920/2000

Res ipsa loquitur applied because the collapse would not ordinarily occur without negligence and there was no satisfactory explanation; the scaffold was provided and maintained by the 3rd defendant and the 4th defendant as principal contractor/occupier is also liable; consequently judgment for plaintiff against 3rd and 4th defendants jointly and severally for agreed damages and 3rd defendant must indemnify 4th; 1st and 2nd defendants not liable due to latent defect defence and lack of control.
3 Jul 1999

CHEUNG PING v. PAK KEE TRANSPORTATION CO. LTD. AND ANOTHER

Citation

CHEUNG PING v. PAK KEE TRANSPORTATION CO. LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCPI963/1997

The court found the H-pile was lifted before the Plaintiff gave a hand signal and that this was negligent conduct by the crane operator (employee of the 2nd Defendant); accordingly the 2nd Defendant is vicariously liable. The 1st Defendant had provided a reasonable workable hand-signal system and was not in breach; the Plaintiff was not contributorily negligent. Because the injury was caused solely by the contractor's employee, the 2nd Defendant could not rely on contractual indemnity by the 1st Defendant, and the 1st Defendant was entitled to recovery of Employees' Compensation it had paid.

Hong Kong Case Law

WONG CHUN KUEN v. WONG TIN LAM AND OTHERS

SANFIELD BUILDING CONTRACTORS LTD v. LI KAI CHEONG

LI KAI CHEONG v. LAM YING WAI & OTHERS

CHEUNG PING v. PAK KEE TRANSPORTATION CO. LTD. AND ANOTHER