PAU KWONG HON v.CHOI CHI MING

PAU KWONG HON v.CHOI CHI MING

On the facts the court found both parties at fault but apportioned primary blame to Mr. Pau. Mr. Choi was held 30% to blame and Mr. Pau 70% to blame; accordingly the plaintiff's recovery and costs were ordered at 70% and the defendant's counterclaim recovery and costs at 30%, with specific costs directions and findings on wages for the counterclaimant.

Citation
PAU KWONG HON v.CHOI CHI MING
Parties
Plaintiff (a6003); Defendant (a5750): CHOI CHI-MING; Defendant (a6003); Plaintiff (a5750): PAU KWONG-HON
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 June 1983
Case Number
HCA5750/1981
Procedural Posture
Civil Tort Personal Injury (road Traffic Collision) / Trial Judgment Delivered
Outcome
Judgment entered on consolidated actions with apportionment of liability: CHOI 30% blame, PAU 70% blame; judgments entered for plaintiff for 70% of sums in agreed document X and for defendant on counterclaim for 30% of sums in document Z; costs apportioned as ordered; damages and special damages to be paid accordingly.
Legal Topics
Negligence, Apportionment of Liability, Costs (claim and Counterclaim)
Source Language
EN
Tort Personal Injury Road Traffic Law Negligence Apportionment of Liability Costs (claim and Counterclaim)

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

CHOI CHI-MING

Plaintiff (a6003); Defendant (a5750)

PAU KWONG-HON

Defendant (a6003); Plaintiff (a5750)

Procedural Posture

Civil Tort Personal Injury (road Traffic Collision) / Trial Judgment Delivered

Legal Issues

  1. 1 Cause of collision and factual reconstruction
  2. 2 Standard of care and duty to keep a proper look-out
  3. 3 Apportionment of fault between parties

Ratio Decidendi

On the facts the court found both parties at fault but apportioned primary blame to Mr. Pau. Mr. Choi was held 30% to blame and Mr. Pau 70% to blame; accordingly the plaintiff's recovery and costs were ordered at 70% and the defendant's counterclaim recovery and costs at 30%, with specific costs directions and findings on wages for the counterclaimant.

Court Disposition

Judgment entered on consolidated actions with apportionment of liability: CHOI 30% blame, PAU 70% blame; judgments entered for plaintiff for 70% of sums in agreed document X and for defendant on counterclaim for 30% of sums in document Z; costs apportioned as ordered; damages and special damages to be paid accordingly.

Orders

  • Judgment for the Plaintiff in the consolidated action for 70% of the sums set out in the agreed document marked 'X' and initialled by the judge
  • Judgment for the Defendant on the counterclaim in the consolidated action for 30% of the sums set out in the document marked 'Z' and initialled by the judge