4 Feb 1999
KWOK WAI v. WIN BASE SERVICES LTD. AND ANOTHER and COSMIC INSURANCE CORPORATION LTD. (Intervener Intervener)
- Citation
- KWOK WAI v. WIN BASE SERVICES LTD. AND ANOTHER and COSMIC INSURANCE CORPORATION LTD. (Intervener Intervener)
- Court
- Court of First Instance
- Case number
- HCPI621/1995
The Court found the 2nd Defendant discharged its onus: the crane operator was hired out to the 1st Defendant and operated under the hirer's direction and the hirer devised an unsafe system of work where two men relied on shouted instructions and lacked effective signalling; the operator was not negligent in operation and therefore the 1st Defendant was solely responsible for the accident. Consequently judgment was entered for the 2nd Defendant, and the 1st Defendant (and its insurer/intervener) were ordered to indemnify the 2nd Defendant for sums paid and costs with interest.