Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Independent contractor status

Legal area

Court

20 Jun 2007

MEHMOOD KHALID v. MILLION HARVEST WHARVES & LOGISTICS LTD AND OTHERS

Citation

MEHMOOD KHALID v. MILLION HARVEST WHARVES & LOGISTICS LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI401/2006

Millions Harvest breached its duty by adopting a system of work that brought hooks to slingers at chest height contrary to the Marine Department Safety Guide; that unsafe system was the primary cause of the accident. The crane operator was in reality an employee of Millions Harvest, so contribution by him failed. There was no contributory negligence by the plaintiff. Damages were awarded accordingly.
6 Feb 2002

LAU KIN WAI DANNY v. CHAN WAI SANG & ANOTHER

Citation

LAU KIN WAI DANNY v. CHAN WAI SANG & ANOTHER
Court

Court of First Instance
Case number

HCPI1007/2000

The court found on credible evidence that the plaintiff was employed by the defendants and that the defendants breached their duty by adopting an unsafe demolition method and failing to supervise. The defendants were liable for the supervisor's directions. The court quantified damages using contemporaneous earnings as a benchmark, applied a 5% efficiency reduction, calculated past and future losses with appropriate multipliers and interest, and awarded PSLA, special damages and costs accordingly.