Hong Kong Case Law: Decisions & Judgments

Topic

Liability for independent contractors

Legal area

Court

10 Mar 2015

PARLICO LTD v. NEW ACCORD HOLDINGS LTD AND ANOTHER

Citation

PARLICO LTD v. NEW ACCORD HOLDINGS LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1665/2010

Court found on balance that demolition of the doghouse and failure to ensure proper waterproofing by the 1st defendant (through its contractor Krishom) was the predominant cause of water ingress to the living room areas of 33B and that water to the master bedroom likely entered via holes in the penthouse balcony; accordingly 1st defendant liable in negligence and nuisance for roof-related damage; 2nd defendant not liable; contribution claim dismissed; quantum limited to proven repair works and plaintiff's loss of rental rejected for lack of causation and failure to mitigate.
26 Apr 2012

WONG CHANSAMUT v. HUI CHING LUK AND ANOTHER

Citation

WONG CHANSAMUT v. HUI CHING LUK AND ANOTHER
Court

District Court
Case number

DCPI431/2010

The Temple, as owner and occupier, breached the non-delegable statutory duty under s3(4)(b) OLO by failing to take reasonable steps to ensure the competence of the contractor and that demolition work would be carried out safely; the Deceased was an employee of Hui; there was no contributory negligence by the Deceased; plaintiff entitled to damages assessed at HKD 443,260 (after credit for EC compensation).
16 Mar 2001

WONG WAI HING AND ANOTHER v. HUI WEI LEE

Citation

WONG WAI HING AND ANOTHER v. HUI WEI LEE
Court

Court of Appeal
Case number

CACV136/2000

The Court allowed the appeal and held the defendant liable for assaults and intimidatory acts committed by Yue Hoi's agents (Kwong and Chan) because they were acting as the defendant's representatives in the authorised class of acts (debt collection) and their wrongful conduct was a wrongful mode of carrying out that mandate despite the defendant's instructions to use lawful means; spraying of red paint (physical act) was excluded from liability; damages to be assessed and injunction conditional on renewed undertaking.
31 May 1994

WONG MEE WAN v. KWAN KIN TRAVEL SERVICES LTD. AND OTHERS

Citation

WONG MEE WAN v. KWAN KIN TRAVEL SERVICES LTD. AND OTHERS
Court

Court of Appeal
Case number

CACV189/1993

The Court of Appeal held the appellant did not owe a non-delegable primary duty to ensure the safety of tour members in respect of the speedboat crossing; the facts were distinguishable from Rogers v Night Riders because the appellant legitimately delegated local transport arrangements to an independent and reputable Chinese contractor and could not reasonably have anticipated the use of a speedboat as part of the scheduled itinerary; accordingly the appellant was not liable for the negligence of the 2nd or 3rd defendants and the trial judgment was set aside.
11 Jan 1985

CHEUNG LEE WAREHOUSE & TRANSPORTATION LTD. v. BERTHIER GODOWN LTD.

Citation

CHEUNG LEE WAREHOUSE & TRANSPORTATION LTD. v. BERTHIER GODOWN LTD.
Court

Court of Appeal
Case number

CACV169/1984

The Court held that the bailee (Berthier) was liable for damage to goods in its custody due to failure to demonstrate it had exercised the requisite reasonable care; a bailee cannot avoid liability by employing independent contractors, and the appeal was dismissed.
4 Feb 1970

YU YUK FUNG v. PUI KEE IRON WORKS (A FIRM) AND OTHERS

Citation

YU YUK FUNG v. PUI KEE IRON WORKS (A FIRM) AND OTHERS
Court

Court of First Instance
Case number

HCA1375/1966

The court held the contractor's servants were negligent in pulling up a long rusty pipe which foreseeably could break and fall onto the adjoining public highway; the occupier (sixth defendant) was negligent and liable under the non-delegable duty exception because the work adjoining the highway was inherently dangerous and precautions should have been taken; judgment for plaintiff against all defendants with damages assessed and apportioned accordingly.

Hong Kong Case Law

PARLICO LTD v. NEW ACCORD HOLDINGS LTD AND ANOTHER

WONG CHANSAMUT v. HUI CHING LUK AND ANOTHER

WONG WAI HING AND ANOTHER v. HUI WEI LEE

WONG MEE WAN v. KWAN KIN TRAVEL SERVICES LTD. AND OTHERS

CHEUNG LEE WAREHOUSE & TRANSPORTATION LTD. v. BERTHIER GODOWN LTD.

YU YUK FUNG v. PUI KEE IRON WORKS (A FIRM) AND OTHERS