Hong Kong Case Law: Decisions & Judgments

Topic

Occupier status

Legal area

Court

15 May 2023

CHO CHIN TO 對 PROFIT BASE LTD t/a GIANT SEAFOOD aka 大鍋口海鮮火鍋店

Citation

[2023] HKDC 604
Court

District Court
Case number

DCPI1868/2018

The court found on the balance of probabilities that the defendant caused a hazardous slippery condition by leaving detergent in buckets in the delivery corridor, breached its duty of care to the plaintiff (an invitee/visitor), that breach caused the plaintiff's back injury, the plaintiff was not contributorily negligent, and the plaintiff is entitled to damages as quantified by the court; occupier status under Cap.314 was noted but common law negligence sufficed; Legal Aid recoupment ordered per statute.
31 Jul 2006

TAM KAM FAI v. MICHAEL J DESIGN LTD AND OTHERS

Citation

TAM KAM FAI v. MICHAEL J DESIGN LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI347/2005

The 2nd defendant was not an occupier of the canopy and owed no duty to the plaintiff in respect of the place of fall; the 3rd defendant as employer owed a duty and was negligent in sending the plaintiff to work on a dangerous canopy and is liable; the plaintiff was contributorily negligent to the extent of 50%, damages reduced accordingly; liability between the 1st and 3rd defendants is apportioned equally.
7 Jul 2006

YIP SUEN PUN v. WONG KA KEE t/a C&K ENGINEERING CO AND OTHERS

Citation

YIP SUEN PUN v. WONG KA KEE t/a C&K ENGINEERING CO AND OTHERS
Court

Court of First Instance
Case number

HCPI848/2003

The Court found on the balance of probabilities that the chute collapsed because anchor bolts and mounting brackets at the 12th floor and below were pulled from the wall by falling debris; the 3rd Defendant was negligent in design and/or installation of the mounting supports and anchor bolts and in failing to adequately test/inspect the installation; therefore the 3rd Defendant was liable to the Plaintiff for the agreed quantum of damages.
18 Nov 2005

SUEN YUNG CHEUNG v. SUI KONG WHARF CO LTD

Citation

SUEN YUNG CHEUNG v. SUI KONG WHARF CO LTD
Court

Court of First Instance
Case number

HCPI531/2003

Defendant was not the occupier of the vessel and, in any event, the deceased's unrequired and unforeseeable act of boarding the vessel constituted a novus actus interveniens; therefore defendant owed no liability under the Occupiers Liability Ordinance and plaintiffs' claims were dismissed.
14 May 2001

CHAN CHUN KAM v. CHU NGA KAM AND OTHERS

Citation

CHAN CHUN KAM v. CHU NGA KAM AND OTHERS
Court

District Court
Case number

DCPI46/2001

On the balance of probabilities Fong Yuk Choi was a partner/occupier of the guest house and therefore owed the deceased the common duty of care under the Occupiers Liability Ordinance and common law. Fong breached that duty by concealing the 2nd‑floor exit, sealing windows and failing to provide adequate fire fighting equipment/alarms, which materially contributed to the deceased's death by smoke inhalation; accordingly judgment is entered against Fong for the previously assessed damages with interest and ancillary orders.
13 Mar 1987

YEUNG WAN CHUN,THE ADMINISTRATRIX OF THE ESTATE OF YU CHI WAI, DECEASED v. KWOK WING KWAN TRADING AS GOLDEN HARVEST TRANSPORTATION AND ANOTHER

Citation

YEUNG WAN CHUN,THE ADMINISTRATRIX OF THE ESTATE OF YU CHI WAI, DECEASED v. KWOK WING KWAN TRADING AS GOLDEN HARVEST TRANSPORTATION AND ANOTHER
Court

Court of First Instance
Case number

HCA8070/1984

The 2nd Defendant was not an 'occupier' under the Occupiers Liability Ordinance of the unlicensed Crown path but, having provided and controlled the delivery system (trolley, winch, metal plates), owed a common law duty to provide a safe system of work and safe passage; both the 1st and 2nd Defendants were negligent in respect of the death of the delivery worker, and the deceased was contributorily negligent (apportioned 25% against the 2nd Defendant and 20% against the 1st Defendant); damages were assessed and awarded to the plaintiff subject to deductions for Workmen's Compensation and appo…

Hong Kong Case Law

CHO CHIN TO 對 PROFIT BASE LTD t/a GIANT SEAFOOD aka 大鍋口海鮮火鍋店

TAM KAM FAI v. MICHAEL J DESIGN LTD AND OTHERS

YIP SUEN PUN v. WONG KA KEE t/a C&K ENGINEERING CO AND OTHERS

SUEN YUNG CHEUNG v. SUI KONG WHARF CO LTD

CHAN CHUN KAM v. CHU NGA KAM AND OTHERS

YEUNG WAN CHUN,THE ADMINISTRATRIX OF THE ESTATE OF YU CHI WAI, DECEASED v. KWOK WING KWAN TRADING AS GOLDEN HARVEST TRANSPORTATION AND ANOTHER