21 Jan 2011
LUEN HING FAT COATING & FINISHING FACTORY LTD v. WAAN CHUEN MING
- Citation
- LUEN HING FAT COATING & FINISHING FACTORY LTD v. WAAN CHUEN MING
- Court
- Court of Final Appeal
- Case number
- FACV19/2009
Where an occupier engages an independent contractor and lends equipment which the occupier knows or ought reasonably to have known would be used by the contractor in an unsafe method, a duty of care in negligence can arise to the contractor's employee; on the facts foreseeability, proximity (worker on premises using lent equipment) and considerations of fairness, justice and reasonableness justified imposing that duty and the occupier breached it, so the appeal was dismissed.