FUNG SING YIN AND ANOTHER v. WONG HON SHING AND OTHERS

FUNG SING YIN AND ANOTHER v. WONG HON SHING AND OTHERS

On credibility and factual findings the judge concluded both drivers were negligent — each driving too fast and failing to keep proper lookout — and equally to blame; therefore defendants (and their employers/owners) are vicariously liable and plaintiffs are entitled to awards of special and general damages with set offsets and interest as ordered.

Citation
FUNG SING YIN AND ANOTHER v. WONG HON SHING AND OTHERS
Parties
1st Plaintiff: Fung Sing Yin; 2nd Plaintiff: Express Company; 1st Defendant: Wong Hon Shing; 2nd Defendant: Wong Nai Tin; 3rd Defendant: Mok Siu Man; 4th Defendant: Chung Yung Fai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 February 1982
Case Number
HCA2403/1981
Procedural Posture
Road Traffic Accident — Personal Injuries / High Court Judgment (trial)
Outcome
Judgment for the 1st plaintiff against the defendants for special damages of $80,873 and general damages of $39,000 (total $119,873); interest on special damages at 6% from date of accident and on general damages at 13% from date of service of the writ; credit for Workmen's Compensation award to be deducted from...
Legal Topics
Loss of Earnings, Loss of Future Earning Capacity, Credibility of Witnesses, Apportionment of Liability, Traffic Signal Compliance, Offset for Statutory Compensation
Source Language
EN
Tort Negligence Vicarious Liability Damages Workmen's Compensation Evidence Law Loss of Earnings Loss of Future Earning Capacity +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Fung Sing Yin

1st Plaintiff

Express Company

2nd Plaintiff

Wong Hon Shing

1st Defendant

Wong Nai Tin

2nd Defendant

Mok Siu Man

3rd Defendant

Chung Yung Fai

4th Defendant

Procedural Posture

Road Traffic Accident — Personal Injuries / High Court Judgment (trial)

Legal Issues

  1. 1 Whether 1st and/or 3rd defendants drove negligently causing the collision
  2. 2 Whether 2nd and 4th defendants are vicariously liable for their drivers' negligence
  3. 3 Quantum of special and general damages including past and future loss of earnings

Ratio Decidendi

On credibility and factual findings the judge concluded both drivers were negligent — each driving too fast and failing to keep proper lookout — and equally to blame; therefore defendants (and their employers/owners) are vicariously liable and plaintiffs are entitled to awards of special and general damages with set offsets and interest as ordered.

Court Disposition

Judgment for the 1st plaintiff against the defendants for special damages of $80,873 and general damages of $39,000 (total $119,873); interest on special damages at 6% from date of accident and on general damages at 13% from date of service of the writ; credit for Workmen's Compensation award to be deducted from...

Orders

  • Judgment for the 1st plaintiff against the defendants for special damages $80,873 and general damages $39,000.
  • Interest on special damages at 6% from the date of the accident.