22 Oct 2002
LI KAI CHEONG v. LAM YING WAI t/a CHI SHING SOLDERING FACTORY AND OTHERS
- Citation
- LI KAI CHEONG v. LAM YING WAI t/a CHI SHING SOLDERING FACTORY AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV140/2002
Majority held the trial judge was entitled to accept the plaintiff and Mr Chan's evidence, to apply res ipsa loquitur and infer that a defect in the scaffold caused the accident, and that the 3rd and 4th defendants failed to discharge the evidential burden to show absence of negligence or to support reliance on the Form 5 certificate; accordingly the 3rd and 4th defendants were liable while the 1st defendant was exculpated on the basis of relying on equipment supplied with a recent Form 5 certificate.