16 Jul 1999
WONG YAT CHIU v. CHAN KWOK WA AND OTHERS
- Citation
- WONG YAT CHIU v. CHAN KWOK WA AND OTHERS
- Court
- Court of First Instance
- Case number
- HCPI1289/1997
The proximate cause of the accident was the defective method of rigging (canvas-to-canvas abrasion and side pull) executed by Gammon workers under inadequate supervision; Gammon and KSF breached duties to supervise and train and are vicariously liable; Fei Kow breached a non-delegable duty to provide a safe system for its operator (Wong) but did not cause the sling failure; s.25 Cap.282 construed as an indemnity provision cannot be used by an employer to recover from a third party where the employer is itself at fault; contractual indemnities were construed: Clause 12 would have indemnified G…