CHOW LIN HUNG AND ANOTHER v. LUI SUET HING AND OTHERS

CHOW LIN HUNG AND ANOTHER v. LUI SUET HING AND OTHERS

On the balance of probabilities the 2nd Defendant failed to check adequately (or at all) for persons beside or behind his vehicle before moving off and the 3rd Defendant failed to provide a safe system of work, warnings or adequate protective clothing; all defendants liable, 1st and 2nd jointly 75% and 3rd 25%; no contributory negligence by the deceased; damages assessed and quantified as set out by the Court.

Citation
CHOW LIN HUNG AND ANOTHER v. LUI SUET HING AND OTHERS
Parties
Plaintiff (administrator of the Estate of Leung Kam Mui, Deceased): Chow Lin Hung; Plaintiff (administrator of the Estate of Leung Kam Mui, Deceased): Chow Wai Leung; 1st Defendant: Lui Suet Hing; 2nd Defendant: Loi Kuai-Veng; 3rd Defendant (employer): Polyking Services Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 June 1998
Case Number
HCPI332/1997
Procedural Posture
Personal Injury / Fatal Accidents / Judgment (court of First Instance)
Outcome
Judgment for Plaintiffs. All three Defendants held liable: 1st and 2nd jointly 75% liable; 3rd Defendant 25% liable; no contributory negligence by the deceased.
Legal Topics
Negligence, Vicarious Liability, Safe System of Work, Apportionment of Liability, Assessment of Dependency, Interest on Awards
Source Language
EN
Tort Employer's Liability Personal Injury Occupational Safety Damages Assessment Negligence Vicarious Liability Safe System of Work +3 more

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Parties

Chow Lin Hung

Plaintiff (administrator of the Estate of Leung Kam Mui, Deceased)

Chow Wai Leung

Plaintiff (administrator of the Estate of Leung Kam Mui, Deceased)

Lui Suet Hing

1st Defendant

Loi Kuai-Veng

2nd Defendant

Polyking Services Limited

3rd Defendant (employer)

Procedural Posture

Personal Injury / Fatal Accidents / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the 2nd Defendant was negligent in failing to keep a proper lookout when moving the lorry
  2. 2 Whether the 3rd Defendant breached its duty to provide a safe system of work and adequate warnings/protective equipment to cleaners
  3. 3 Apportionment of liability between driver/owner and employer

Ratio Decidendi

On the balance of probabilities the 2nd Defendant failed to check adequately (or at all) for persons beside or behind his vehicle before moving off and the 3rd Defendant failed to provide a safe system of work, warnings or adequate protective clothing; all defendants liable, 1st and 2nd jointly 75% and 3rd 25%; no contributory negligence by the deceased; damages assessed and quantified as set out by the Court.

Court Disposition

Judgment for Plaintiffs. All three Defendants held liable: 1st and 2nd jointly 75% liable; 3rd Defendant 25% liable; no contributory negligence by the deceased.

Orders

  • All Defendants jointly and severally liable to Plaintiffs; apportionment: 1st and 2nd Defendants jointly 75% and 3rd Defendant 25%
  • Total gross award assessed at HKD 1,325,916.80