Hong Kong Case Law: Decisions & Judgments

Topic

Subcontractor liability

Legal area

Court

12 Oct 2017

KWONG CHEUK SING v. SKY FIELD CONSTRUCTION LTD AND OTHERS

Citation

KWONG CHEUK SING v. SKY FIELD CONSTRUCTION LTD AND OTHERS
Court

District Court
Case number

DCEC2198/2013

The court found on uncontested evidence and R3's guilty plea that R3 was the employer and R2 acted as R3's agent; R1 was the principal contractor and therefore both R1 and R3 are liable under s24 ECO; on the facts and special circumstances s9(1A) and the Paper Mills formula were applied to assess permanent loss giving a 43.27% loss and statutory awards totaling HK$1,085,044; interest and costs were awarded as set out.
19 Jan 2017

KWONG KIN YIN v. SHUN LEE COPPER & DECORATION LTD AND ANOTHER

Citation

KWONG KIN YIN v. SHUN LEE COPPER & DECORATION LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV187/2011

The appeal was dismissed because the Court of Appeal concluded the trial judge's factual finding that the third party was not the main subcontractor responsible for the work on which the plaintiff was engaged was open on the evidence and not palpably wrong; the 2nd defendant failed to discharge the burden of proving the alleged contractual relationship given the paucity and inconclusive nature of documentary evidence and the judge's permissible credibility assessments.
6 Oct 2014

CHAN MANG FUNG AND OTHERS v. HONGPLUS PROFESSIONAL CONSULTANTS LTD

Citation

CHAN MANG FUNG AND OTHERS v. HONGPLUS PROFESSIONAL CONSULTANTS LTD
Court

Court of First Instance
Case number

HCLA18/2014

The Officer had carefully and properly evaluated the evidence and did not err in law in his fact‑finding; although it was improvident to invite Workers to withdraw the Alternative Case based on their subjective belief and the Officer should have invited reconsideration, that procedural flaw did not produce sufficient injustice to set aside the dismissal against Hongplus and therefore leave to appeal is refused and the applications are dismissed.
24 Oct 2013

PFEIFFER GmbH v. CHEUNG HAY KIT t/a SUN WAI CONSTRUCTION

Citation

PFEIFFER GmbH v. CHEUNG HAY KIT t/a SUN WAI CONSTRUCTION
Court

Court of First Instance
Case number

HCA1369/2011

Items (20)-(22) were liquidated damages clauses incorporated into the subcontract; paragraph 3(b) did not apply to items (20)-(22) (those items were not subject to a back-to-back payment condition); paragraph 4 merely contemplated back-charging the Engineer if applicable and did not negate Pfeiffer's contractual entitlement; paragraph 5 only barred claims if the agreed schedule was followed but did not protect SWC where SWC failed to perform its preparatory obligations. On the evidence SWC's failure to arrange water suspension, temporary traffic arrangements and to prepare sites caused certai…
10 Jul 2013

CHEUNG SIU HO formerly t/a HANG LEE ENGINEERING CO v. PUI HING CONSTRUCTION CO LTD

Citation

CHEUNG SIU HO formerly t/a HANG LEE ENGINEERING CO v. PUI HING CONSTRUCTION CO LTD
Court

District Court
Case number

DCCJ2198/2011

The court found the Written Agreement (including the clause permitting deduction in special circumstances) governed the parties' liabilities; payments made by the principal contractor or insurer were nonetheless payments of the defendant's contractual funds and thus deductible under the Written Term; accordingly the defendant lawfully deducted the sum and the plaintiff's claim failed and was dismissed.
6 Jan 2012

YIP CHI HO v. 黃啓德 AND OTHERS

Citation

YIP CHI HO v. 黃啓德 AND OTHERS
Court

District Court
Case number

DCEC738/2010

The court applied Order 22 rule 18(4) and the binding precedent Li Kai Yin v Atla Trans Ltd to hold that the sanctioned payment by Kerry could be accepted with leave; it was reasonable to have sued R1, R3 and R4 on the evidence but not R5; accordingly Kerry must bear specified costs and the applicant must bear costs to R4 and R5 for the earlier summons, with proportions and taxation as ordered.
12 Jul 2011

TAI YING FAT t/a FAT KEE ENGINEERING CO v. SUN FOOK KONG CONSTRUCTION LTD

Citation

TAI YING FAT t/a FAT KEE ENGINEERING CO v. SUN FOOK KONG CONSTRUCTION LTD
Court

Court of First Instance
Case number

HCCT48/2009

The court accepted contemporaneous records and commercial probabilities over the plaintiff's late oral account, holding there was no oral agreement for batches 108-136, that plaintiff ceased builder's works after batch 164, that clause 3(B) of the settlement agreement is void for uncertainty and cannot be enforced, and that SFK had no contractual right under the settlement agreement to deduct liquidated damages or barralastic coating adjustments or to apportion the HK$2M deduction against plaintiff; accordingly plaintiff's recovery limited to amounts permitted by the settlement agreement and…
6 Aug 2007

LI YUEN YAU v. VIATECH ENGINEERING LTD AND ANOTHER

Citation

LI YUEN YAU v. VIATECH ENGINEERING LTD AND ANOTHER
Court

District Court
Case number

DCEC153/2004

The court held that R2 is entitled to a full indemnity from R1 under s.24(2) including costs and interest, but exercised its inherent jurisdiction to stay execution of that indemnity order until determination of R1's pending claim against insurer Ming An (or further order), directing R1 to commence that insurer claim within 42 days and to pay interest at half judgment rate during the stay; costs of the summonses were awarded to R1 to be taxed if not agreed.
6 Aug 2007

TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER

Citation

TING KAM YUEN v. VIATECH ENGINEERING LTD AND ANOTHER
Court

District Court
Case number

DCEC245/2004

The court held that R2 is entitled to a full indemnity from R1 under s.24(2) of the Employees' Compensation Ordinance (including costs). However, in the exercise of its inherent jurisdiction and having regard to the close relationship between R2 and insurer Ming An and the bona fide disputed insurance coverage, the court stayed execution of the indemnity order until determination of R1's claim against Ming An (or further order), with R1 to file that claim within 42 days and to pay interest at half judgment rate on the indemnified amount until determination or payment.
27 Apr 2007

WING LEE ENGINEERING & TECHNICAL SERVICES LTD v. ALLIANCE BUILDING SERVICES ENGINEERING LTD

Citation

WING LEE ENGINEERING & TECHNICAL SERVICES LTD v. ALLIANCE BUILDING SERVICES ENGINEERING LTD
Court

Court of Appeal
Case number

CACV275/2006

The Court accepted the trial judge's credibility findings that an oral agreement existed and that the plaintiff paid HK$350,000; it rejected the defendant's account and held section 43F did not apply because there was no evidence of the required notice under s.43D(3), therefore the appeal was dismissed and the judgment for the plaintiff in HK$214,046 was upheld.