10 Aug 2023
FONG MUK KAI 對 NG KAM MUI 及另四人
- Citation
- [2023] HKDC 1103
- Court
- District Court
- Case number
- DCPI3511/2020
On the balance of probabilities the third defendant did not have the contractual authority or practical control to arrange or permit the excavation and therefore did not owe or breach the statutory or common law duties contended by the plaintiff; mere marking out of positions does not equal arranging or permitting works under Reg 10; issue estoppel from the prior employees' compensation judgment binds parts of medical and income findings; damages quantified accordingly against first and second defendants with net award after set-off of employees' compensation.