Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Breach of statutory/regulatory duty

Legal area

Court

16 Dec 2003

CHOY WAI CHUNG v. CHUN WO CONSTRUCTION & ENGINEERING CO LTD

Citation

CHOY WAI CHUNG v. CHUN WO CONSTRUCTION & ENGINEERING CO LTD
Court

Court of First Instance
Case number

HCPI605/1999

Defendant was negligent by failing to implement adequate storage and access systems for materials on site and therefore liable for the plaintiff's ankle injury; contributory negligence was not established; damages were assessed by finding the plaintiff capable of office work, awarding PSLA of HK$250,000, awarding past earnings to 31 December 2000 and certain special damages, declining future loss and most accommodation and care claims, and allowing credits and specified interest and costs orders.
20 Dec 2001

KWONG CHIU v. SUNSHINE HEIGHTS LTD.

Citation

KWONG CHIU v. SUNSHINE HEIGHTS LTD.
Court

Court of First Instance
Case number

HCPI67/2000

The court held that the 1st/2nd Defendants breached their occupiers' duty by permitting combustible fitting out of common parts and failing to ensure effective fire protection (functional sprinklers, alarms, enforcement of fire doors), and that the 4th Defendant breached its contractual/maintenance duties by failing to ensure sprinkler gate valves were left and maintained open; those breaches materially contributed to the deaths by smoke inhalation and therefore judgment was entered for the Plaintiffs against the 1st/2nd and 4th Defendants with damages to be assessed and costs; liability appo…