LUEN HING FAT COATING & FINISHING FACTORY LTD v. WAAN CHUEN MING

FAMV No. 55 of 2009

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 55 OF 2009 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM CACV NO. 281 OF 2008)

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Between:

	LUEN HING FAT COATING & FINISHING FACTORY LIMITED	Applicant
	- and -
	WAAN CHUEN MING	Respondent

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Appeal Committee:

Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing: Date of Determination:

4 December 2009 4 December 2009

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D E T E R M I N A T I O N

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Mr Justice Bokhary PJ :

1. As the argument developed, a question of law emerged in the following way.  Suppose the circumstances to be as follows :-

(1)  X engages an apparently competent independent contractor to do work on X’s premises.

(2)  The work is not intrinsically hazardous.

(3)  X lends the independent contractor chattels that are not intrinsically dangerous or faulty.

(4)  As X knew or ought reasonably to have known that he would, the independent contractor uses those chattels to do the work by a method which is unsafe. 

(5)  Y, who is a servant of the independent contractor, is injured as a result. 

The question of law is whether the law imposes on X a duty of care owed to Y.

2. It is a question of law which, by reason of its great general or public importance ought, to be submitted to the Court of Final Appeal for decision.  We grant leave to appeal to the Court of Final Appeal for it and possibly other questions to be decided.

(Kemal Bokhary) Permanent Judge

(Patrick Chan) Permanent Judge

(RAV Ribeiro) Permanent Judge

 

Mr Gerard McCoy SC and Miss Nisha Mohamed (instructed by Messrs King & Co.) for the applicant

Mr Neville Sarony SC and Mr Y.L. Cheung (instructed by Messrs Samuel Li & Co. on assignment by the Legal Aid Department) for the respondent