7 Jan 2003
CHAN YAN NAM v. HUI KA MING t/a KAR LEE ENGINEERING AND OTHERS
- Citation
- CHAN YAN NAM v. HUI KA MING t/a KAR LEE ENGINEERING AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV342/2002
The Court dismissed the appeal because the judge correctly found that the plaintiff was a trespasser as his presence on the lower canopy was not reasonably foreseeable given its physical location and access constraints; the 2nd and 3rd defendants therefore owed no duty as occupiers, the Herrington special‑circumstances duty did not apply, and the annexation theory was legally unsupported so the incorporated owners had no liability.