YIU TSAN WING v. WONG WAN SING AND OTHERS

YIU TSAN WING v. WONG WAN SING AND OTHERS

On credibility and balance of probabilities the court preferred the Plaintiff and 2nd Defendant's consistent contemporaneous accounts; found the 4th Defendant drove negligently by cutting into the 2nd Defendant's lane causing the accident; found the 3rd Defendant vicariously liable as owner; found no contributory negligence by the Plaintiff or 2nd Defendant; damages to be assessed by a Master.

Citation
YIU TSAN WING v. WONG WAN SING AND OTHERS
Parties
Plaintiff (hcpi 610/97): Yiu Tsan Wing; 1st Defendant (hcpi 610/97): Wong Wan Sing; 2nd Defendant (hcpi 610/97) / Plaintiff (hcpi 864/97): Lam Ka Yiu; 3rd Defendant (owner of Car) (hcpi 610/97): Fung Lai Chu; 4th Defendant (driver of Car) (hcpi 610/97) / Defendant (hcpi 864/97): Tang Ng Kit
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 September 1999
Case Number
HCPI864/1997
Procedural Posture
Personal Injuries (road Traffic) / Judgment at First Instance (handed Down 14 September 1999)
Outcome
Judgment for the Plaintiff(s): liability found against the 4th Defendant (driver) and the 3rd Defendant (owner) in HCPI 610/97 and for the Plaintiff in HCPI 864/97; no contributory negligence found against the Plaintiff or the 2nd Defendant.
Legal Topics
Negligence, Contributory Negligence, Causation, Liability of Vehicle Owner, Failure to Stop After Accident, Assessment of Damages, Credibility of Evidence
Source Language
EN
Torts Road Traffic Law Vicarious Liability Civil Procedure Costs Negligence Contributory Negligence Causation +4 more

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Parties

Yiu Tsan Wing

Plaintiff (hcpi 610/97)

Wong Wan Sing

1st Defendant (hcpi 610/97)

Lam Ka Yiu

2nd Defendant (hcpi 610/97) / Plaintiff (hcpi 864/97)

Fung Lai Chu

3rd Defendant (owner of Car) (hcpi 610/97)

Tang Ng Kit

4th Defendant (driver of Car) (hcpi 610/97) / Defendant (hcpi 864/97)

Procedural Posture

Personal Injuries (road Traffic) / Judgment at First Instance (handed Down 14 September 1999)

Legal Issues

  1. 1 Whether the 4th Defendant was negligent in driving and caused the accident
  2. 2 Whether the 3rd Defendant is vicariously liable for the 4th Defendant
  3. 3 Whether the Plaintiff and the 2nd Defendant were guilty of contributory negligence

Ratio Decidendi

On credibility and balance of probabilities the court preferred the Plaintiff and 2nd Defendant's consistent contemporaneous accounts; found the 4th Defendant drove negligently by cutting into the 2nd Defendant's lane causing the accident; found the 3rd Defendant vicariously liable as owner; found no contributory negligence by the Plaintiff or 2nd Defendant; damages to be assessed by a Master.

Court Disposition

Judgment for the Plaintiff(s): liability found against the 4th Defendant (driver) and the 3rd Defendant (owner) in HCPI 610/97 and for the Plaintiff in HCPI 864/97; no contributory negligence found against the Plaintiff or the 2nd Defendant.

Orders

  • Judgment on liability for the Plaintiff against the 3rd and 4th Defendants in HCPI 610 of 1997 and for the Plaintiff in HCPI 864 of 1997.
  • Damages in each case to be assessed by a Master.