Ma HongFei v U-Hin Manufacturing: Negligence & Occupier's Liability in Workplace Injury
In Ma HongFei v U-Hin Manufacturing Pte Ltd and Another, the High Court of Singapore heard a negligence claim by Ma HongFei against U-Hin Manufacturing Pte Ltd and B.T. Engineering Pte Ltd for injuries sustained at a worksite. Ma HongFei, an employee of U-Hin Manufacturing, was injured when a pipe fell on his hand while working at premises occupied by B.T. Engineering. The court, presided over by Justice Lai Siu Chiu, found B.T. Engineering liable for failing to ensure the safety of the worksite, awarding interlocutory judgment to Ma HongFei against B.T. Engineering and dismissing the claim against U-Hin Manufacturing.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Interlocutory judgment awarded to the plaintiff against the second defendant; claim against the first defendant dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment reserved
1.5 Jurisdiction
Singapore
1.6 Description
Workman Ma HongFei sues U-Hin Manufacturing and BT Engineering for negligence after a workplace injury. The court finds BT Engineering liable for failing to ensure safety.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| U-Hin Manufacturing Pte Ltd | Defendant | Corporation | Claim Dismissed | Dismissed | |
| BT Engineering Pte Ltd | Defendant | Corporation | Interlocutory Judgment | Lost | |
| Ma HongFei | Plaintiff | Individual | Interlocutory Judgment | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Lai Siu Chiu | Judge | Yes |
4. Counsels
4. Facts
- The plaintiff was injured on 5 June 2007 at No. 49 Gul Road.
- The plaintiff was employed by the first defendant, who supplied workers to the second defendant.
- The second defendant was a subcontractor of Keppel for the construction of an oil rig.
- A metal pipe fell from above and struck the plaintiff's left hand.
- The plaintiff's left index, ring, and little fingers had to be amputated.
- The pipe fell because its temporary shoring had been removed pending inspection.
- The plaintiff was given instructions by the second defendant's foreman or supervisor.
5. Formal Citations
- Ma HongFei v U-Hin Manufacturing Pte Ltd and Another, Suit 128/2008, [2009] SGHC 172
6. Timeline
| Date | Event |
|---|---|
| Plaintiff arrived in Singapore from China. | |
| Plaintiff sustained personal injuries at No. 49 Gul Road. | |
| First defendant notified the Ministry of Manpower of the accident. | |
| Plaintiff commenced suit against both defendants. | |
| Judgment reserved. |
7. Legal Issues
- Negligence
- Outcome: The court found the second defendant negligent for failing to ensure the safety of the worksite.
- Category: Substantive
- Related Cases:
- [1995] 2 SLR 716
- (1866) LR 1 CP 274
- [1943] AC 448
- Occupier's Liability
- Outcome: The court found the second defendant liable as an occupier for failing to protect the plaintiff from unusual danger.
- Category: Substantive
- Related Cases:
- [1995] 2 SLR 716
- (1866) LR 1 CP 274
- Duty of Care
- Outcome: The court determined that the main contractor (second defendant) owed a duty of care to the workman (plaintiff) even though the workman was employed by a subcontractor (first defendant).
- Category: Substantive
- Related Cases:
- [1997] 3 SLR 677
8. Remedies Sought
- Damages for personal injuries
- Special damages
- General damages
9. Cause of Actions
- Negligence
- Breach of Statutory Duty
- Occupier's Liability
10. Practice Areas
- Personal Injury
- Workplace Accident Litigation
11. Industries
- Construction
- Manufacturing
- Oil and Gas
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Mohd bin Sapri v Soil-Build (Pte) Ltd and another appeal | Court of Appeal | Yes | [1996] 2 SLR 505 | Singapore | Cited regarding the requirement that a breach of statutory duty must be the cause of injury to found a cause of action. |
| Industrial Commercial Bank v Tan Swa Eng and another appeal | Court of Appeal | Yes | [1995] 2 SLR 716 | Singapore | Cited for the common law duty of care owed by an occupier to an invitee. |
| Indermaur v Dames | Court of Common Pleas | Yes | (1866) LR 1 CP 274 | England | Cited for the common law duty of care owed by an occupier to an invitee. |
| Glasgow Corp v Muir | House of Lords | Yes | [1943] AC 448 | England | Cited for the duty to take reasonable care to prevent damage from unusual danger. |
| Awang bin Dollah v Shun Shing Construction & Engineering Co Ltd | Court of Appeal | Yes | [1997] 3 SLR 677 | Singapore | Cited for the principle that a main contractor owes a duty of care to a workman of a subcontractor if the main contractor exercises control over the workman. |
| Bullock v London General Omnibus Co | King's Bench Division | Yes | [1907] 1 KB 264 | England | Cited regarding the Bullock order for costs. |
| Sanderson v Blyth Theatre Co | King's Bench Division | Yes | [1903] 2 KB 533 | England | Cited regarding the Sanderson order for costs. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Workmen’s Compensation Act, Cap 354 1998 Rev Ed | Singapore |
| Workplace Safety and Health Act 2006, Cap 354A | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Occupier's liability
- Duty of care
- Workman
- Subcontractor
- Indemnity
- Negligence
- Shoring
- FPSO Mondo
15.2 Keywords
- Negligence
- Occupier's Liability
- Workplace Injury
- Construction Site
- Duty of Care
- Personal Injury
- Singapore High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Negligence | 90 |
| Occupiers' Liability | 85 |
| Personal Injury | 75 |
| Workplace Safety | 70 |
| Work Injury Compensation | 60 |
| Construction Law | 50 |
| Breach of Statutory Duty | 40 |
| Employment Law | 30 |
| Property Law | 25 |
| Contract Law | 20 |
16. Subjects
- Tort Law
- Workplace Injury
- Occupier's Liability
- Negligence