LUI CHONG YUE AND OTHERS v. LUI WAI AND OTHERS

LUI CHONG YUE AND OTHERS v. LUI WAI AND OTHERS

On the evidence and traffic light cycle diagram the court found the KMB bus crossed the Wai Yip stop line before the lights turned green and the PLB crossed the Lai Yip stop line on amber; the PLB driver should have been able to stop and was negligent in proceeding at speed and without main headlights; both drivers...

Source-derived case information.

Citation
LUI CHONG YUE AND OTHERS v. LUI WAI AND OTHERS
Parties
1st Plaintiff: LUI CHONG YUE; 2nd Plaintiff: LAM CHUK MING; 3rd Plaintiff: TAM WAI TING; 1st Defendant: LUI WAI; 2nd Defendant: KOWLOON MOTOR BUS CO. (1933) LTD.; 3rd Defendant: CHAN HON HOI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 November 1987
Case Number
HCA137/1987
Procedural Posture
Negligence Civil Action Arising From Road Traffic Accident / Preliminary Hearing on Liability (issue of Liability Tried Separately From Quantum)
Outcome
Liability apportioned: 3rd defendant (PLB driver) 55% liable; 1st defendant (KMB driver) 45% liable; 2nd defendant (owner) vicariously liable for KMB driver's negligence.
Legal Topics
Negligence, Contributory Negligence and Apportionment, Traffic Signal Law, Vicarious Liability, Highway Code/road Users Code Admissibility, Expert Reconstruction of Collisions
Source Language
en
Tort Road Traffic Law Civil Procedure Negligence Contributory Negligence and Apportionment Traffic Signal Law Vicarious Liability Highway Code/road Users Code Admissibility +1 more

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Parties

LUI CHONG YUE

1st Plaintiff

LAM CHUK MING

2nd Plaintiff

TAM WAI TING

3rd Plaintiff

LUI WAI

1st Defendant

KOWLOON MOTOR BUS CO. (1933) LTD.

2nd Defendant

CHAN HON HOI

3rd Defendant

Procedural Posture

Negligence Civil Action Arising From Road Traffic Accident / Preliminary Hearing on Liability (issue of Liability Tried Separately From Quantum)

Legal Issues

  1. 1 Whether PLB driver lawfully proceeded on amber under Regulation 17 exception
  2. 2 Whether KMB driver entered intersection on green or before green and owed duty to ensure intersection clear
  3. 3 Relevance of Highway Code/Road Users Code to civil negligence

Ratio Decidendi

On the evidence and traffic light cycle diagram the court found the KMB bus crossed the Wai Yip stop line before the lights turned green and the PLB crossed the Lai Yip stop line on amber; the PLB driver should have been able to stop and was negligent in proceeding at speed and without main headlights; both drivers were substantially negligent and apportionment of responsibility is 55% to the PLB driver (3rd defendant) and 45% to the KMB driver (1st defendant), with the KMB owner (2nd defendant) vicariously liable for the KMB driver's share.

Court Disposition

Liability apportioned: 3rd defendant (PLB driver) 55% liable; 1st defendant (KMB driver) 45% liable; 2nd defendant (owner) vicariously liable for KMB driver's negligence.

Orders

  • Plaintiffs granted leave to withdraw from the preliminary hearing on liability; plaintiffs awarded costs in the action to be taxed in accordance with the Legal Aid Regulations subject to the court's finding on liability between the defendants
  • No order nisi as to costs between defendants at this stage; liberty to apply for further directions on costs and consequential matters reserved