Court dismisses appeal by MCST over liability in construction worker’s accident

Mr. Janaed was a construction worker who became paralysed after falling 3.7 metres at a worksite in 2018.

The Appellate Division of the High Court has now dismissed the appeal by Westgate Tower’s subsidiary management corporation (MCST) over its joint 70% liability with subcontractor STA Rita Engineering Services for the negligence that caused the mishap. Mr. Janaed’s formal employers, Newtec Engineering, as well as the subcontractor, STA Engineering Services, are both uninsured parties.

Mr. Janaed, who was represented by Hoh Law Corporation, is grateful that the appeal by MCST has now been successfully resisted and can now proceed to have damages jointly payable by the two Defendants to be assessed.

In rejecting the MCST’s appeal, the Court stated that the organisation could have provided a mobile elevated work platform, which it noted that the MCST has since acquired. The platform is one of the fall prevention systems under the Workplace Safety and Health Act.