6 Aug 2001
CHAN KONG SHUI v. NEW GAS AND CO. AND ANOTHER
- Citation
- CHAN KONG SHUI v. NEW GAS AND CO. AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCPI343/2000
The court found both defendants negligent: the 1st defendant breached employer duties by failing to provide proper working equipment and safety supervision; the 2nd defendant breached occupier duties by providing inadequate site safety inspection regimes. The subcontract indemnity clauses do not, on proper construction, clearly cover losses caused by the 2nd defendant's own negligence and therefore cannot operate to indemnify the 2nd defendant. Liability for contribution is apportioned equally between the two defendants (50% each).