Hong Kong Case Law: Decisions & Judgments

Topic

Breach of contract of employment

Legal area

Court

8 Jun 2012

TING SIU WING v. CHAN KWOK BUN Formerly t/a PERFECT CLEAN MOBILE CARE

Citation

TING SIU WING v. CHAN KWOK BUN Formerly t/a PERFECT CLEAN MOBILE CARE
Court

Court of Appeal
Case number

CACV221/2011

The Court allowed the appeal and set aside interlocutory/default judgment: the indorsement was not defective, but the defendant demonstrated a real prospect of success on liability and, weighing delay, prejudice and the risk of injustice (including possible time bar and parties' legal aid status), the court exercised its discretion to set aside the judgment; costs ordered to follow the event with specified apportionments.
18 May 2010

WONG KI v. WONG TUNG SING AND OTHERS

Citation

WONG KI v. WONG TUNG SING AND OTHERS
Court

Court of First Instance
Case number

HCPI50/2008

The court accepted the prior employment finding by Her Honour Judge Mimmie Chan and applied issue estoppel to preclude denial of the employment relationship; on the facts the 1st defendant failed to provide training, PPE or to ensure a safe system of work and therefore was liable in negligence, in breach of contract of employment and in breach of s6(1) Cap.509; there was insufficient evidence to establish contributory negligence by the plaintiff; damages were assessed and quantified as set out and reduced by the EC compensation received; interest and costs were ordered accordingly.
16 Apr 2009

LEE KA MAN v. HONG KONG AIRCRAFT ENGINEERING CO LTD

Citation

LEE KA MAN v. HONG KONG AIRCRAFT ENGINEERING CO LTD
Court

Court of First Instance
Case number

HCPI355/2006

The court accepted the defendant's factual account and medical evidence that the incident could not have caused the plaintiff's multiple disc protrusions; on the balance of probabilities the plaintiff failed to prove causation or any negligent breach by the employer, therefore the claim was dismissed.
4 Jul 2007

CHIMMALEE ON-UMA v. WAYLUNG WASTE SERVICES LTD

Citation

CHIMMALEE ON-UMA v. WAYLUNG WASTE SERVICES LTD
Court

District Court
Case number

DCPI1945/2006

The court found the plaintiff's evidence inconsistent, unreliable and not credible; medical evidence supported the defendant's expert that the plaintiff had pre-existing degenerative spinal disease and had exaggerated symptoms; the task of watering plants with the hose was a simple operation which in the circumstances did not require additional assistance, special training or make the employer liable. Therefore the plaintiff failed to prove breach of duty or causation and the claim was dismissed.
17 Apr 2007

PANG KWAN v. LUEN HING CONSTRUCTION & ENGINEERING LTD AND ANOTHER

Citation

PANG KWAN v. LUEN HING CONSTRUCTION & ENGINEERING LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI334/2005

The judge found the plaintiff's account unreliable on the balance of probabilities due to material inconsistencies with contemporaneous accounts given to the safety officer and medical staff, serious credibility issues including fabricated mainland hospital receipts, and more reliable testimony from the safety officer; therefore the plaintiff failed to prove the accident occurred as alleged and the claim was dismissed.
11 Jan 2006

YIM KWOK YUEN v. KEENTECH TRANSPORTATION LTD AND OTHERS

Citation

YIM KWOK YUEN v. KEENTECH TRANSPORTATION LTD AND OTHERS
Court

District Court
Case number

DCPI25/2005

The plaintiff failed to discharge the burden of proof on the balance of probabilities as to how the accident occurred and as to employer/occupier status of the defendants; the court rejected the plaintiff's and Tsang's evidence as not credible and accepted the insurer's investigator; accordingly no defendant was held liable and the plaintiff's claim was dismissed.
17 Dec 1999

CHIU MO YUEN v. JAMES CATERING EQUIPMENT LTD. AND OTHERS

Citation

CHIU MO YUEN v. JAMES CATERING EQUIPMENT LTD. AND OTHERS
Court

Court of First Instance
Case number

HCPI179/1998

Plaintiff was employed by all three Defendant companies jointly and severally; each Defendant breached duties to provide safe access and equipment; Plaintiff was entitled to damages but was contributorily negligent to the extent of 33.3%, reducing the award accordingly; credit given for prior Employees' Compensation settlement yielded final judgment of HKD 335,305.
16 Jan 1990

MADAM CHENG WAI MAN AND ANOTHER v. MADAM CHAN YING AND ANOTHER

Citation

MADAM CHENG WAI MAN AND ANOTHER v. MADAM CHAN YING AND ANOTHER
Court

Court of Appeal
Case number

CACV136/1989

The appeal was dismissed because the judge correctly concluded the particulars supplied were insufficient or unclear and properly exercised his discretion to require adequate consolidated particulars; the Master was wrong to treat the summons as superseded by the late and inadequate material.
10 Jul 1987

YIP KAM HUNG BY HIS FATHER AND NEXT FRIEND YIP FUNG LOI v. LEUNG SAM NGA

Citation

YIP KAM HUNG BY HIS FATHER AND NEXT FRIEND YIP FUNG LOI v. LEUNG SAM NGA
Court

Court of First Instance
Case number

HCA7337/1986

Liability having been established by interlocutory judgment, the court awarded compensatory damages including special damages for two prostheses and annual examinations and general damages for pain, suffering and loss of amenities at $110,000 and loss of earning capacity at $50,000; refused past earnings on the ground that the plaintiff's failure to retain employment was voluntary and not caused by the injury; deducted Employees' Compensation of $82,800 and awarded interest at 2% per annum from the date of the writ on the net sum.