WONG KA LAI v. LAU WAI LAM AND ANOTHER

WONG KA LAI v. LAU WAI LAM AND ANOTHER

On the facts the court preferred plaintiff's and 1st defendant's evidence that the LGV cut from the slow lane into the fast lane when it was immediately front‑left of the motorcycle; 2nd defendant failed to see the motorcycle and cut in negligently; 1st defendant was not negligent because the lane change was sudden and too close to permit avoidance; consequence: judgment for plaintiff against 2nd defendant for HK$153,994 plus interest, claim against 1st defendant dismissed, and interlocutory judgment in DCPI 2598/2016 for 1st defendant against 2nd defendant on liability.

Citation
[2019] HKDC 445
Parties
Plaintiff (dcpi 1218/2016): Wong Ka Lai; 1st Defendant (dcpi 1218/2016); Plaintiff (dcpi 2598/2016): Lau Wai Lam; 2nd Defendant (dcpi 1218/2016); Defendant (dcpi 2598/2016): Wong Lok Piu
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 April 2019
Case Number
DCPI1218/2016
Procedural Posture
Personal Injuries (motor Vehicle Collision) / Heard Together; Judgment on Liability and Quantum; Interlocutory Judgment on Liability in Split Trial
Outcome
Judgment for plaintiff Wong Ka Lai against 2nd defendant (Wong Lok Piu); claim against 1st defendant (Lau Wai Lam) dismissed; interlocutory judgment in DCPI 2598/2016 in favour of 1st defendant (Lau Wai Lam) against 2nd defendant (Wong Lok Piu) on liability.
Legal Topics
Negligence, Causation, Damages Assessment, Loss of Earning Capacity, Costs Orders (sanderson/bullock)
Source Language
EN
Tort Personal Injury Motor Vehicle Accidents Civil Procedure (costs) Negligence Causation Damages Assessment Loss of Earning Capacity +1 more

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Parties

Wong Ka Lai

Plaintiff (dcpi 1218/2016)

Lau Wai Lam

1st Defendant (dcpi 1218/2016); Plaintiff (dcpi 2598/2016)

Wong Lok Piu

2nd Defendant (dcpi 1218/2016); Defendant (dcpi 2598/2016)

Procedural Posture

Personal Injuries (motor Vehicle Collision) / Heard Together; Judgment on Liability and Quantum; Interlocutory Judgment on Liability in Split Trial

Legal Issues

  1. 1 Whether 1st defendant (Lau Wai Lam) and/or 2nd defendant (Wong Lok Piu) were negligent in driving at time of accident
  2. 2 Whether the plaintiff's injuries were caused by the accident and by whose negligence
  3. 3 Assessment and quantum of damages including PSLA, special damages, pre-trial loss and loss of earning capacity

Ratio Decidendi

On the facts the court preferred plaintiff's and 1st defendant's evidence that the LGV cut from the slow lane into the fast lane when it was immediately front‑left of the motorcycle; 2nd defendant failed to see the motorcycle and cut in negligently; 1st defendant was not negligent because the lane change was sudden and too close to permit avoidance; consequence: judgment for plaintiff against 2nd defendant for HK$153,994 plus interest, claim against 1st defendant dismissed, and interlocutory judgment in DCPI 2598/2016 for 1st defendant against 2nd defendant on liability.

Court Disposition

Judgment for plaintiff Wong Ka Lai against 2nd defendant (Wong Lok Piu); claim against 1st defendant (Lau Wai Lam) dismissed; interlocutory judgment in DCPI 2598/2016 in favour of 1st defendant (Lau Wai Lam) against 2nd defendant (Wong Lok Piu) on liability.

Orders

  • Judgment entered in favour of Wong Ka Lai against Wong Lok Piu for HK$153,994 (HK$150,000 PSLA; HK$3,994 special damages) with interest: 2% on PSLA from 13 June 2016 to judgment and half‑judgment rate on special damages from 30 January 2014 to judgment
  • Wong Ka Lai’s claim against Lau Wai Lam dismissed