Hong Kong Case Law: Decisions & Judgments

REEBOK TRADING (FAR EAST) LTD. v. POKFULAM PROPERTY MANAGEMENT LTD.

Citation

REEBOK TRADING (FAR EAST) LTD. v. POKFULAM PROPERTY MANAGEMENT LTD.

Court

Court of First Instance

Case number

HCA5263/1992

Although the defendant owed a duty of care, on the facts it had taken reasonable measures in the circumstances, the caretaker's lapse was not shown to be the proximate cause of the loss, and therefore the defendant was not negligent; plaintiff's claim dismissed.

28 Oct 1987

MOBIL OIL HONG KONG LIMITED AND ANOTHER v. HONGKONG UNITED DOCKYARDS LIMITED

Citation: MOBIL OIL HONG KONG LIMITED AND ANOTHER v. HONGKONG UNITED DOCKYARDS LIMITED
Court: Court of First Instance
Case number: HCA1785/1985

The defendant shipyard, having accepted custody/control of the disabled vessel and having the equipment and practical responsibility for preparing it for typhoon season, owed a duty of care to other harbour users; it breached that duty by failing to inspect and remedy a defective port guillotine stopper, by rigging only one shackle of chain, and by failing to rig an emergency anchor and towing lines; those failures caused the vessel to break adrift and collide with the plaintiffs' installations, so judgment is entered for the plaintiffs on liability.