25 Feb 2005
YARDWAY MOTORS LTD v. TAM SIU LUN
- Citation
- YARDWAY MOTORS LTD v. TAM SIU LUN
- Court
- Court of Appeal
- Case number
- CACV135/2003
Appeal dismissed. The Court held that the Civil Liability (Contribution) Ordinance s3 permits recovery of contribution where there is a common liability in respect of the same damage to the same person (dependant/estate); CLCO thereby enables the employer to claim contribution in this case because the ECO s6 recipients were also dependants so there was common liability. By contrast, ECO s25 is to be read as not providing for recovery by an employer who is himself partly at fault; s25 addresses the blameless employer and does not provide an apportionment mechanism for employer fault. CLCO righ…