16 Dec 2014
CHAN NGA YIN formerly known as CHAN MEI YI SICELY v. MTR CORPORATION LTD
- Citation
- CHAN NGA YIN formerly known as CHAN MEI YI SICELY v. MTR CORPORATION LTD
- Court
- District Court
- Case number
- DCPI1675/2012
The application for leave to appeal was refused because the intended grounds lacked a reasonable prospect of success: the trial judge correctly found the defendant failed to prove it acted reasonably under s 3(4)(b) Cap 314 in selecting, entrusting, supervising and checking the independent contractor with respect to safety of mall users; contractual terms relied on did not clearly impose the necessary safety duties to mall users; defendant's late reliance on clause 27.1 and on Dragon Guard was prejudicial and unsupported; the burden of proof rested on the defendant and it did not discharge it.