CHENG WAI CHUEN v. TSANG KWAI YAN AND ANOTHER

CHENG WAI CHUEN v. TSANG KWAI YAN AND ANOTHER

Where ownership of the vehicle exists and there is no sufficiently clear contrary evidence, the court will infer agency/servant relationship such that it was reasonable for the plaintiff to join the owner; because the police statements did not decisively show the driver acted for her own purposes, the plaintiff's joinder of the owner was reasonable and the court varied the costs order to make the 2nd defendant pay the 1st defendant's costs.

Citation
CHENG WAI CHUEN v. TSANG KWAI YAN AND ANOTHER
Parties
Plaintiffs: CHENG WAI CHUEN and SO KA HO, the Administrators of the estate of SO CHUN CHUNG, deceased; 1st Defendant: TSANG KWAI YAN; 2nd Defendant: TSANG KA LAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 December 2005
Case Number
HCPI1409/2003
Procedural Posture
Personal Injuries / Application to Vary Costs (decision Dated 2 December 2005)
Outcome
Order varied in part in favour of the 1st defendant as to costs
Legal Topics
Joinder, Vicarious Liability, Agency, Inference From Ownership, Allocation of Costs, Evidence Sufficiency
Source Language
EN
Civil Personal Injury Costs Joinder Vicarious Liability Agency Inference From Ownership Allocation of Costs +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

CHENG WAI CHUEN and SO KA HO, the Administrators of the estate of SO CHUN CHUNG, deceased

Plaintiffs

TSANG KWAI YAN

1st Defendant

TSANG KA LAI

2nd Defendant

Procedural Posture

Personal Injuries / Application to Vary Costs (decision Dated 2 December 2005)

Legal Issues

  1. 1 Whether it was reasonable for the plaintiff to join the owner (1st defendant) as a defendant
  2. 2 Whether an inference that a driver was servant or agent of the owner arises from ownership in absence of other evidence
  3. 3 Whether the police statements furnished sufficient material to show the driver acted for her own purposes and thus made joinder unreasonable

Ratio Decidendi

Where ownership of the vehicle exists and there is no sufficiently clear contrary evidence, the court will infer agency/servant relationship such that it was reasonable for the plaintiff to join the owner; because the police statements did not decisively show the driver acted for her own purposes, the plaintiff's joinder of the owner was reasonable and the court varied the costs order to make the 2nd defendant pay the 1st defendant's costs.

Court Disposition

Order varied in part in favour of the 1st defendant as to costs

Orders

  • The order is varied insofar as it concerns the 1st defendant: the 1st defendant's costs of the action are to be paid by the 2nd defendant.