GAMMON CONSTRUCTION LTD v. HO KEUNG AND OTHERS

GAMMON CONSTRUCTION LTD v. HO KEUNG AND OTHERS

The prior High Court finding that the 3rd Defendant was solely responsible for the collision is conclusive on liability (issue estoppel) and therefore the subsequent actions must be stayed or dismissed to prevent oppressive, wasteful relitigation; accordingly stay was ordered as to the 3rd Defendant and judgments entered for the 1st, 2nd and 4th Defendants with specific costs allocations.

Citation
GAMMON CONSTRUCTION LTD v. HO KEUNG AND OTHERS
Parties
Plaintiff (hcpi No.1142/1995): Chung Mou Sang; Plaintiff (hcpi No.628/1998): Gammon Construction Limited; 1st Defendant (both Actions): Ho Keung; 2nd Defendant (both Actions): Sham Wai Lung; 3rd Defendant (both Actions): Wong Chi Hing; 4th Defendant (both Actions): Lee On
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 September 1998
Case Number
HCPI628/1998
Procedural Posture
High Court Personal Injuries Actions Arising From a Road Collision / Pre Trial Review Following Prior Trial on Same Collision; Determination on Issue Estoppel, Stay and Costs
Outcome
Stay ordered in both actions as to the 3rd Defendant; judgment entered for the 1st Defendant and for the 2nd and 4th Defendants with specified costs allocations; no order for costs of the Pre-Trial Reviews
Legal Topics
Issue Estoppel, Stay of Proceedings, Abuse of Process, Costs Allocation, Interlocutory Judgment, Liability for Defective Equipment
Source Language
EN
Tort Civil Procedure Personal Injury Employment Compensation Negligence Issue Estoppel Stay of Proceedings Abuse of Process +3 more

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Parties

Chung Mou Sang

Plaintiff (hcpi No.1142/1995)

Gammon Construction Limited

Plaintiff (hcpi No.628/1998)

Ho Keung

1st Defendant (both Actions)

Sham Wai Lung

2nd Defendant (both Actions)

Wong Chi Hing

3rd Defendant (both Actions)

Lee On

4th Defendant (both Actions)

Procedural Posture

High Court Personal Injuries Actions Arising From a Road Collision / Pre Trial Review Following Prior Trial on Same Collision; Determination on Issue Estoppel, Stay and Costs

Legal Issues

  1. 1 Whether the prior High Court finding that the 3rd Defendant was solely responsible bars relitigation of liability of the 1st Defendant (issue estoppel)
  2. 2 Whether the current actions should be stayed as oppressive or an abuse of process
  3. 3 How costs should be allocated in light of prior judgment and stays

Ratio Decidendi

The prior High Court finding that the 3rd Defendant was solely responsible for the collision is conclusive on liability (issue estoppel) and therefore the subsequent actions must be stayed or dismissed to prevent oppressive, wasteful relitigation; accordingly stay was ordered as to the 3rd Defendant and judgments entered for the 1st, 2nd and 4th Defendants with specific costs allocations.

Court Disposition

Stay ordered in both actions as to the 3rd Defendant; judgment entered for the 1st Defendant and for the 2nd and 4th Defendants with specified costs allocations; no order for costs of the Pre-Trial Reviews

Orders

  • Stay ordered in respect of both actions as to the 3rd Defendant (Wong Chi Hing).
  • Judgment for the 1st Defendant (Ho Keung) against the Plaintiff in both actions with his costs to be borne by the 3rd Defendant.