30 Dec 2021
LUI CHO YIN v. 雷健邦AND OTHERS
- Citation
- [2021] HKDC 1631
- Court
- District Court
- Case number
- DCPI1041/2018
The appeal was allowed because, on the pleaded facts, the Statement of Claim disclosed no reasonable cause of action against the 2nd defendant: allegations that the 2nd defendant subcontracted work to the 1st defendant and that the ladder bore the 2nd defendant's name are insufficient without pleaded facts showing control, knowledge of an unsafe system, lending equipment with knowledge it would be used unsafely, occupier status or other positive participation creating proximity. Separately, on the evidence and law (including Momin Lok), the court found the plaintiff had knowledge sufficient t…