CHU CHEUNG HING AND ANOTHER v. LEUNG CHIN CHIU AND ANOTHER

CHU CHEUNG HING AND ANOTHER v. LEUNG CHIN CHIU AND ANOTHER

Driver was primarily at fault for driving at excessive speed and failing to take reasonable precautions; deceased held partly (20%) contributorily negligent; apportionment fixed at 80% defendant / 20% deceased; multiplicand and multiplier applied to calculate general damages; special damages partly disallowed or reduced; interest awarded per authority.

Citation
CHU CHEUNG HING AND ANOTHER v. LEUNG CHIN CHIU AND ANOTHER
Parties
Plaintiff (administrator): Chu Cheung Hing; Plaintiff (administrator): Chu Yin Ming; 1st Defendant: Leung Chin Chiu; 2nd Defendant: Lai Shiu Ying
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 March 1979
Case Number
HCA2049/1978
Procedural Posture
Civil Fatal Accidents / Wrongful Death Claim / Judgment at Trial (high Court)
Outcome
Judgment for the Plaintiffs
Legal Topics
Contributory Negligence, Apportionment of Liability, Assessment of Damages, Fatal Accidents Ordinance, Law Amendment and Reform (consolidation) Ordinance
Source Language
EN
Torts Negligence Personal Injury Damages Probate/administration Contributory Negligence Apportionment of Liability Assessment of Damages +2 more

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Parties

Chu Cheung Hing

Plaintiff (administrator)

Chu Yin Ming

Plaintiff (administrator)

Leung Chin Chiu

1st Defendant

Lai Shiu Ying

2nd Defendant

Procedural Posture

Civil Fatal Accidents / Wrongful Death Claim / Judgment at Trial (high Court)

Legal Issues

  1. 1 Whether the 1st Defendant breached duty of care to the deceased by driving at excessive speed and failing to brake
  2. 2 Extent of contributory negligence by the deceased and apportionment of liability
  3. 3 Quantum of general and special damages and interest entitlement

Ratio Decidendi

Driver was primarily at fault for driving at excessive speed and failing to take reasonable precautions; deceased held partly (20%) contributorily negligent; apportionment fixed at 80% defendant / 20% deceased; multiplicand and multiplier applied to calculate general damages; special damages partly disallowed or reduced; interest awarded per authority.

Court Disposition

Judgment for the Plaintiffs

Orders

  • General damages under Fatal Accidents Ordinance and Law Amendment and Reform (Consolidation) Ordinance: HKD 66,796.80
  • Special damages: HKD 4,950.40 (after reductions)