Hong Kong Case Law: Decisions & Judgments

Topic

Occupiers' liability

Legal area

Court

21 Mar 2023

WONG PING KONG 對 NG HON SUNG t/a YUEN SHING ENGINEERING CO 及另一人

Citation

[2023] HKDC 378
Court

District Court
Case number

DCPI2748/2019

The court found the first defendant did not breach a duty of care because the task was a simple manual task not involving foreseeable danger requiring special tools or supervision; the plaintiff failed to prove that the injury (including claimed ulnar neuropathy) was caused by the accident rather than pre-existing degenerative change; accordingly the first defendant was not liable and the second defendant, as contractor above the first, was not liable either (statutory provisions relied on do not create a civil cause and there was no evidence of occupation/control).
30 Apr 2021

CHU GREGORY v. YICK NGAI LOGISTICS (HK) CO LTD

Citation

[2021] HKDC 463
Court

District Court
Case number

DCPI110/2020

The court held that it was not plain and obvious that there was no cause of action against River Trade; the plaintiff did not have actual knowledge and did not have sufficient constructive knowledge of River Trade's involvement before expiry of the primary limitation period given the absence of signage or direct indicia in the Area, and a land search or speculation was not required; the court exercised its discretion under s.30 to allow the claim to proceed if necessary and granted leave to join River Trade and Bentat; costs were ordered against the original Defendant with specified apportion…
23 Jan 2017

TSANG WAI HUNG v. TRUSTFUL ENGINEERING & CONSTRUCTION COMPANY LTD AND OTHERS

Citation

TSANG WAI HUNG v. TRUSTFUL ENGINEERING & CONSTRUCTION COMPANY LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI30/2015

On the balance of probabilities the court found the plaintiffs electrocution resulted from an escape of electricity from a live cable under the control of the defendants; the 1st, 2nd and 3rd defendants were occupiers and contractors who breached common law duties and statutory duties under the CSS Regulations (Regs 38A, 38AA, 47) by permitting a live exposed cable to remain and failing to make it safe; causation was established between the electrocution and the plaintiff's physical and psychiatric injuries; damages were assessed accordingly and awarded against all three defendants.
27 Apr 2016

LO PING KIN v. YUEN TSZ SHING t/a WING TAO PROFESSIONAL RECYCLE

Citation

LO PING KIN v. YUEN TSZ SHING t/a WING TAO PROFESSIONAL RECYCLE
Court

District Court
Case number

DCPI2474/2013

On the balance of probabilities the court found both plaintiff and Mr Chan were employees, Mr Chan was negligent in operating the tail gate platform, the defendant breached duties to provide a safe system of work and is vicariously liable for Mr Chan's negligence, the plaintiff was not contributorily negligent, and damages were assessed at HK$461,020 plus interest and costs.
22 May 2012

LEE SIU YUNG v. GOODWELL PROPERTY MANAGEMENT LTD AND ANOTHER

Citation

LEE SIU YUNG v. GOODWELL PROPERTY MANAGEMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI390/2011

Summons for specific discovery dismissed because the requested policy documents are not relevant or necessary to any issue to be tried in the main proceedings or the contribution/indemnity proceedings; insurance arrangements involve non‑party insurers and do not affect determination of negligence, contractual indemnity or contribution between parties; Clause 14 requires insurance for risks arising from the 2nd defendant's performance and does not, as pleaded, make insurers' policy terms material to the disputes before the court; discovery would likely produce collateral and wasteful satellite…
24 Aug 2010

LAM PO WAI v. I-CABLE COMMUNICATIONS LTD

Citation

LAM PO WAI v. I-CABLE COMMUNICATIONS LTD
Court

Court of First Instance
Case number

HCPI695/2008

Court accepted plaintiff's account as to how the accident occurred, found defendant breached statutory and common law duties by leaving loose wiring and equipment in a passage used for work, rejected defendant's alternative causation as speculative, found contributory negligence minimal and awarded damages to the plaintiff accordingly.
17 Jun 2010

BETWEEN POWER COLOR SCANNING & LITHOGRAPHICS CO LTD v. KAM KONG FOOD FACTORY (A FIRM)

Citation

BETWEEN POWER COLOR SCANNING & LITHOGRAPHICS CO LTD v. KAM KONG FOOD FACTORY (A FIRM)
Court

District Court
Case number

DCCJ3902/2007

On the evidence the court was satisfied on the balance of probabilities that flooding in Flat 3A caused water to escape through the floor slab into Flat 2A due to the defendant's workers leaving a tap running and a detached hose fitting; accordingly the defendant was liable in nuisance and negligence, the plaintiff was not contributorily negligent and had taken reasonable mitigation steps, and the plaintiff was entitled to full damages of $625,884 plus interest and costs.
5 Mar 2010

CHAM CHEUNG SING v. YUNG PAK WA AND OTHERS

Citation

CHAM CHEUNG SING v. YUNG PAK WA AND OTHERS
Court

Court of Appeal
Case number

CACV224/2007

The court upheld the trial judge's primary findings that the plaintiff was not drunk and that the defendant breached his duty of care by maintaining a slippery, unsafe staircase; the additional medical records did not meet the Ladd v Marshall criteria nor materially undermine the eyewitness evidence, so the appeal failed and the trial judgment remains effective.
23 Dec 2008

LI WAI MING v. TANG SIU FAT t/a HING FAT ENGINEERING CO AND ANOTHER

Citation

LI WAI MING v. TANG SIU FAT t/a HING FAT ENGINEERING CO AND ANOTHER
Court

Court of First Instance
Case number

HCPI512/2006

The court rejected the plaintiff's account as implausible and accepted the defence eyewitness account that the injury resulted from the plaintiff's temperamental act; because the injury was not shown to have occurred in the course of employment and the cited statutory duties do not extend to preventing injuries caused by an employee's own emotional outburst, the defendants were not liable and the plaintiff's causes of action failed.
17 Oct 2007

CHOW KAI KIT v. INTERNATIONAL PAPER MANUFACTURING & DISTRIBUTION LTD AND OTHERS

Citation

CHOW KAI KIT v. INTERNATIONAL PAPER MANUFACTURING & DISTRIBUTION LTD AND OTHERS
Court

District Court
Case number

DCPI1415/2006

On the balance of probabilities the plaintiff was likely to recover substantial damages from the 1st and 2nd Defendants, the defendants were insured as required by the rule, and in all the circumstances (including unpaid employees' compensation and lack of positive rebuttal on quantum) it was just to exercise discretion to order an interim payment of HK$100,000 payable within 14 days.