Hong Kong Case Law: Decisions & Judgments

Topic

System of work

Legal area

Court

27 Nov 2024

LEUNG KAM v. MAX WEALTH ENGINEERING LTD AND ANOTHER

Citation

[2024] HKCFI 3456
Court

Court of First Instance
Case number

HCPI90/2021

Court found on balance that the plaintiff did suffer knee pain in the course of manually prising a slab at work and that the defendants breached their duty by leaving the manual adjustment task to be performed single-handedly without ensuring assistance; the court preferred the defendant's orthopaedic expert on causation (finding much of the ACL and chondral pathology was chronic/pre-existing and the MRI findings better explained as exacerbation of pre-existing osteoarthritis) but nevertheless found the defendants liable for causing the plaintiff's knee injury by failing to provide a safe sys…
18 Jul 2024

RAUT PUSPA v. S. P. ENGINEERING (HONG KONG) LTD AND ANOTHER

Citation

[2024] HKCFI 1878
Court

Court of First Instance
Case number

HCPI302/2019

Defendants' admission of liability was accepted on the basis that they failed to prescribe a safe system of work; the court rejected the defendants' un‑pleaded case that plaintiff caused the dangerous state of loading and found plaintiff contributorily negligent to the extent of 10%, reducing his damages accordingly; medical evidence established the injury was caused by the accident but there was some pre‑existing degenerative change which affected assessment of quantum.
12 Jun 2019

LEE CHI MING v. E ENTERTAINMENT WEEKLY LTD

Citation

[2019] HKDC 771
Court

District Court
Case number

DCPI206/2017

The defendant owed no liability because the lane was not inherently dangerous, the plaintiff made an independent on‑the‑spot decision to station there, and the operative cause of injury was the plaintiff's inattention during a competitive dash; given the job nature no prescribed safe system was necessary.
14 Feb 2018

LEUNG HOI WAI v. PO LEUNG KUK

Citation

[2018] HKCFI 356
Court

Court of First Instance
Case number

HCPI999/2015

On the balance of probabilities the plaintiff's account lacked credibility and the evidence supported the conclusion that the table fell due to the plaintiff's handling; moving a folding table is an ordinary, non-inherently dangerous task for which no special system of work was required; defendant was not negligent and the claim is dismissed (plaintiff would in any event have been 100% contributorily negligent).
6 Mar 2017

LAU WA YING v. CARITAS - HONG KONG

Citation

LAU WA YING v. CARITAS - HONG KONG
Court

District Court
Case number

DCPI2885/2014

The defendant provided adequate warnings, training, non-slip flooring and a workable system of work including a cleaning worker until 9pm; the plaintiff's account was found unreliable and her causal case not proved; on the facts there was no breach of duty or causation and the claim was dismissed (also noting compensation already paid exceeded any assessed award).
8 Jan 2014

LEUNG SIU SUM v. SWIRE BEVERAGES LTD t/a SWIRE COCA COLA HK

Citation

LEUNG SIU SUM v. SWIRE BEVERAGES LTD t/a SWIRE COCA COLA HK
Court

District Court
Case number

DCPI1069/2011

The defendant breached its duty to provide a safe system of work (insufficient assessment, instruction, training and supervision for moving bulky objects on an unsafe staircase), which materially contributed to the plaintiff's fall and injury; the plaintiff was 30% contributorily negligent for descending faster than necessary while carrying the signboard; damages were assessed accordingly and reduced for contributory negligence and employees' compensation already paid.
8 Mar 2010

BITTO v. CHENG HOW KIU t/a UNION TRAVEL CO

Citation

BITTO v. CHENG HOW KIU t/a UNION TRAVEL CO
Court

Court of First Instance
Case number

HCPI823/2008

The defendant was primarily liable for creating an unsafe system of work in requiring the plaintiff to extract a box with an exposed cutter in awkward circumstances; the plaintiff was contributorily negligent in the manner of carrying out the task and damages should be reduced by 25%; damages were assessed and reduced by contributory negligence and existing compensation (ECC) to result in judgment for the plaintiff.
11 Jul 2008

CHAN TUNG v. LIU WAI SHAN

Citation

CHAN TUNG v. LIU WAI SHAN
Court

Court of First Instance
Case number

HCPI524/2007

On the balance of probabilities the injury occurred while the plaintiff was squatting at the left end of the fence threading the bottom wire, not as pleaded; even accepting the defendant's scenario there was no negligence or statutory breach because the task was simple, not inherently dangerous and required no special instruction; accordingly the plaintiff's claim fails and he must pay defendant's costs.
20 Dec 2007

CHAN KWOK CHU v. MORNING SPRING LTD t/a EDO RESTAURANT

Citation

CHAN KWOK CHU v. MORNING SPRING LTD t/a EDO RESTAURANT
Court

District Court
Case number

DCPI355/2007

On the balance of probabilities the plaintiff slipped on water, oil or food remnant in or immediately outside the utensils collection area; the employer had not taken all reasonable and practicable steps to manage the foreseeable risk (no designated cleaning regime during busy periods and inadequate system despite known vulnerability), and is therefore negligent and liable for the plaintiff's injuries; plaintiff's contributory negligence, if any, is nominal.
25 Jun 2007

SO MAN v. SO TING t/a FUNG KEE WASTE WOODEN & METAL COLLECTION CO

Citation

SO MAN v. SO TING t/a FUNG KEE WASTE WOODEN & METAL COLLECTION CO
Court

Court of First Instance
Case number

HCPI566/2006

The defendant did not breach the duty to provide a safe system of work: the chisels provided were industry standard and adequate; the plaintiff elected to use a sledgehammer as an experienced workman; manpower and pace were adequate; the injury was an unfortunate accident exacerbated by a pre-existing degenerative back condition, therefore the claim is dismissed.