Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Independent contractor defence

  • 25 Jun 2014

    CHAN NGA YIN FORMERLY KNOWN AS CHAN MEI YI SICELY v. MTR CORPORATION LTD

    Citation
    CHAN NGA YIN FORMERLY KNOWN AS CHAN MEI YI SICELY v. MTR CORPORATION LTD
    Court
    District Court
    Case number
    DCPI1675/2012

    Court found on CCTV and oral evidence that a thin layer of water or slippery substance existed at the accident spot, the cleaner mopped but failed to place adequate warning signs and was negligent; her employer (Winson) was vicariously liable; the defendant occupier failed to discharge its burden under Cap 314 s3(4)(b) because it did not prove it had reasonably selected, supervised or checked the contractor with respect to safety of mall users; plaintiff was not contributorily negligent; damages totalling HKD 203,450 awarded with interest and costs order nisi.

  • 8 Nov 2007

    WONG YUK FOON v. NICE PROPERTY MANAGEMENT LTD

    Citation
    WONG YUK FOON v. NICE PROPERTY MANAGEMENT LTD
    Court
    District Court
    Case number
    DCPI1025/2006

    The court accepted the Plaintiff's account that she slipped on soapy water likely originating from a partially rinsed mop and rejected the cleaner's inconsistent testimony; the management company was found to be an occupier under the management agreement and failed to discharge its duty by not supervising or checking the contractor or implementing safety measures; the independent contractor defence was not pleaded and in any event there was no evidence of reasonable selection or supervision; there was no contributory negligence; therefore the Defendant was liable and judgment was entered for…

  • 31 Jul 1997

    KRISTAN BOWERS PHILLIPS v. INITIAL ENVIRONMENTAL SERVICES LTD AND OTHERS

    Citation
    KRISTAN BOWERS PHILLIPS v. INITIAL ENVIRONMENTAL SERVICES LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCPI580/1996

    Exposure to misted diazinon vapour entered the rehearsal hall on 21 June 1987, caused acute organophosphate poisoning and subsequent chronic neurological and psychiatric sequelae; Ciba (manufacturer/importer), WCH (distributor), Exclusive (contractor), the Academy (occupier) and the HKPO (employer) breached duties of care (including statutory labelling duties) and are liable; occupier’s independent contractor defence failed because the operation was inherently hazardous and occupier retained control; liability apportioned among defendants (Ciba 35%, WCH 20%, Exclusive 20%, APA 15%, HKPO 10%);…