17 Jan 2006
FONG YAU HEI v. GAMMON CONSTRUCTION LTD AND OTHERS
- Citation
- FONG YAU HEI v. GAMMON CONSTRUCTION LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCPI1222/2003
Court found Master Cheng negligent in navigation and in commencing tow without ensuring removal of the protruding tank; Gammon negligent for placing the tank; Tung Shun vicariously liable for Cheng; contributory negligence of plaintiff rejected; apportionment of liability between Gammon and Tung Shun/Cheng set at 25:75; Article 3(e) of the 1976 Convention applies because Hong Kong law governing contracts of service (Cap.71 s7) prohibits contractual limitation of liability for death or personal injury, therefore statutory limitation under Cap.434 does not apply to this employee personal injury…