DCPI 3774/2023

[2025] HKDC 1105

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

PERSONAL INJURIES ACTION NO 3774 OF 2023

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BETWEEN

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JUDGMENT

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A. INTRODUCTION

1. The Plaintiff’s claim arises out of an accident which happened on 23 February 2017. At the material time, the Plaintiff was employed as a warehouse supervisor and the 1 ^st Defendant was employed as a senior supervisor. There is an issue as to whether the 2 ^nd or 3 ^rd Defendant was the employer of the Plaintiff and/or the 1 ^st Defendant.

2. The 4 ^th Defendant is the insurer of the 3 ^rd Defendant.

3. In the morning of 23 February 2017, the Plaintiff and the 1 ^st Defendant had a quarrel about work at the loading platform of the warehouse in which they worked at. The quarrel soon turned into a fight. During the fight, the 1 ^st Defendant assaulted the Plaintiff, who fell off the loading platform and was injured (the “ Accident ”).

4. On 28 July 2017, the Plaintiff commenced DCEC 1828/2017 and claimed employee’s compensation against the 2 ^nd Defendant under the Employees’ Compensation Ordinance ( Cap 282 ) (“ ECO ”) (the “ DCEC Proceedings ”) on the basis that his personal injuries caused by the Accident arose out of and in the course of his employment with the 2 ^nd Defendant.

5. On 17 May 2018, in respect of the Accident, the 1 ^st Defendant pleaded guilty to the charge of common assault and inflicting grievous bodily harm in TMCC 672/2018 (the “ Criminal Proceedings ”).

6. On 2 August 2018, in respect of the Accident, the Plaintiff was acquitted of assault occasioning actual bodily harm but was convicted of common assault in the Criminal Proceedings.

7. On 13 January 2020, the Plaintiff commenced this action in the High Court, which was transferred to the District Court pursuant to the order of Master Kot dated 2 November 2023.

8. By this action, the Plaintiff claims against the 1 ^st , 2 ^nd and 3 ^rd Defendants for damages for the personal injuries he has suffered as a result of the Accident. The claims against the 2 ^nd and 3 ^rd