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Hong Kong decisions
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The District Court dismissed a personal injuries claim arising from an alleged mahjong parlour incident, finding the plaintiff lacked credibility and liability was not proved.
Plaintiff failed to prove the accident occurred in the specific manner pleaded; contemporaneous police, ambulance and medical records and inconsistent witness accounts undermined the plaintiff's version; res ipsa loquitur was inapplicable; on balance of probabilities the claim against both defendants fails and is dismissed.
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The District Court held the defendants jointly liable for a construction site fall, rejected contributory negligence, and awarded the plaintiff HK$795,281 plus interest.
Defendant is civilly liable for the assault; the defendant's criminal conviction under ESCC 749/2019 is admissible under s62 and establishes the defendant committed the assault; medical expert evidence supporting exaggeration of long‑term symptoms was preferred over experts who relied on treating psychiatrists without explaining objective bases; plaintiff's asserted long‑term post‑concussional syndrome and loss of earning capacity were not proven on the balance of probabilities; damages assessed at HKD 204,140 but wholly offset by prior workers' compensation payments of HKD 694,182.14 so no p…
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On the balance of probabilities the punch was an initiative not a reasonable act of self-defence; volenti, ex turpi and contributory negligence defences fail; defendant liable for battery and negligence; plaintiff proved dependency and other heads of loss; damages assessed at HK$3,778,528 with interest and costs (nisi).
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Plaintiff failed to prove on the balance of probabilities that any glass fell from the rooftop balustrade or that the first defendant's installation/works caused the accident; contemporaneous documents and witnesses supported defendants' account that first defendant had completed work earlier and was not in control; second defendant had adequate safety systems and the plaintiff voluntarily removed his safety harness and jumped, that act being the sole proximate cause. Accordingly, defendants not liable; if liability were assumed, plaintiff was 50% contributor to his own injury; claim dismisse…
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First defendant (Ching) liable for the assault on CHAN HUI MAY KIU and must pay damages; second defendant (Tung Wah) owed visitors a duty of care but the assault was an intentional third‑party act which was not shown to be a reasonably foreseeable or preventable consequence of Tung Wah's management such that causation failed; plaintiff CHAN HEI MAN failed to prove she was assaulted; accordingly claims against Tung Wah dismissed and CHAN HEI MAN's claims dismissed; damages to CHAN HUI MAY KIU assessed at HK$56,380 plus interest and costs as ordered.
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The court accepted that the first defendant assaulted the mother (first plaintiff) and is liable in tort; the court rejected the second plaintiff's claim that she was also assaulted on the facts. The court held Tung Wah was not liable: occupiers' liability and negligence did not extend to impose liability for the third party's intentional assault in the factual matrix because Tung Wah did not know or ought reasonably to have foreseen the particular risk or could not have taken realistic measures to prevent the assault; causation therefore failed. Plaintiffs' contractual arguments against Tung…
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The court accepted the driver's evidence that he observed the plaintiff seated before departing and found the plaintiff's account inconsistent with contemporaneous statements and medical records; res ipsa loquitur was inapplicable; plaintiff failed to prove the defendant's negligence or causation and the claim is dismissed.
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The District Court dismissed a personal injuries claim after finding no wet floor at the scene and concluding the plaintiff slipped because of worn footwear.
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