WONG KEUNG AND ANOTHER v. NG KWOK LEUNG AND ANOTHER

WONG KEUNG AND ANOTHER v. NG KWOK LEUNG AND ANOTHER

The court found on the facts that the deceased negligently dashed into the road from between stationary buses, the defendant driver in his lane had a clear view and was not negligent in common law because he could not reasonably have been expected to stop in the circumstances; accordingly defendant not liable and action dismissed.

Citation
WONG KEUNG AND ANOTHER v. NG KWOK LEUNG AND ANOTHER
Parties
Plaintiff (administrator of the Estate of Tang King Ying, Deceased): WONG KEUNG also known as JOSEPH WONG (WING) KEUNG; Plaintiff (administrator of the Estate of Tang King Ying, Deceased): WONG WOON CHEUNG also known as PETER WONG WOON CHEUNG; 1st Defendant: NG KWOK LEUNG; 2nd Defendant (driver of Public Light Bus): WONG YIU WAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Case Number
HCA3143/1975
Procedural Posture
Civil Action: Negligence Resulting in Death / Judgment
Outcome
Action dismissed
Legal Topics
Contributory Negligence, Duty of Care, Pedestrian Crossing Regulation, Illicit Earnings and Ex Turpi Causa, Assessment of Dependency
Source Language
EN
Torts Negligence Fatal Accidents Damages Contributory Negligence Duty of Care Pedestrian Crossing Regulation Illicit Earnings and Ex Turpi Causa +1 more

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Parties

WONG KEUNG also known as JOSEPH WONG (WING) KEUNG

Plaintiff (administrator of the Estate of Tang King Ying, Deceased)

WONG WOON CHEUNG also known as PETER WONG WOON CHEUNG

Plaintiff (administrator of the Estate of Tang King Ying, Deceased)

NG KWOK LEUNG

1st Defendant

WONG YIU WAI

2nd Defendant (driver of Public Light Bus)

Procedural Posture

Civil Action: Negligence Resulting in Death / Judgment

Legal Issues

  1. 1 Whether the public light bus driver was negligent at common law
  2. 2 Whether the deceased was contributorily negligent such that the defendant is not liable
  3. 3 Whether any statutory/regulatory obligation (eg Regulation 3, Pedestrian Crossing Places Regulations 1941) applies to impose liability

Ratio Decidendi

The court found on the facts that the deceased negligently dashed into the road from between stationary buses, the defendant driver in his lane had a clear view and was not negligent in common law because he could not reasonably have been expected to stop in the circumstances; accordingly defendant not liable and action dismissed.

Court Disposition

Action dismissed

Orders

  • Action dismissed with costs to be taxed