13 Mar 1987
YEUNG WAN CHUN,THE ADMINISTRATRIX OF THE ESTATE OF YU CHI WAI, DECEASED v. KWOK WING KWAN TRADING AS GOLDEN HARVEST TRANSPORTATION AND ANOTHER
- Citation
- YEUNG WAN CHUN,THE ADMINISTRATRIX OF THE ESTATE OF YU CHI WAI, DECEASED v. KWOK WING KWAN TRADING AS GOLDEN HARVEST TRANSPORTATION AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA8070/1984
The 2nd Defendant was not an 'occupier' under the Occupiers Liability Ordinance of the unlicensed Crown path but, having provided and controlled the delivery system (trolley, winch, metal plates), owed a common law duty to provide a safe system of work and safe passage; both the 1st and 2nd Defendants were negligent in respect of the death of the delivery worker, and the deceased was contributorily negligent (apportioned 25% against the 2nd Defendant and 20% against the 1st Defendant); damages were assessed and awarded to the plaintiff subject to deductions for Workmen's Compensation and appo…