15 Mar 2016
LEE YAM KAN v. NG PUI KUEN t/a WING SING SCAFFOLDING ENGINEERING AND ANOTHER
- Citation
- LEE YAM KAN v. NG PUI KUEN t/a WING SING SCAFFOLDING ENGINEERING AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCPI196/2014
On the balance of probabilities the plaintiff fell from the fence wall as he described; both defendants breached statutory duties under the CSSR and were negligent/liable as occupiers and employer; the criminal convictions shift the burden and are persuasive; plaintiff was contributory negligent to the extent of 30%; damages are awarded as calculated and reduced for contributory negligence and credited for employees' compensation, yielding a net award of HKD 1,618,242.18 plus ordered interest and costs nisi.