NG CHUN PUI AND NG WANG KING AND OTHERS v. LEE CHUEN TAT AND ANOTHER

NG CHUN PUI AND NG WANG KING AND OTHERS v. LEE CHUEN TAT AND ANOTHER

Res ipsa loquitur applied because the coach veered across the central reservation; the evidential burden shifted to the Defendants, who failed to discharge that burden by affirmative proof in the factual context (wet slippery road, imprecise distances, untraced third party vehicle); accordingly the Defendants were liable for the accident.

Citation
NG CHUN PUI AND NG WANG KING AND OTHERS v. LEE CHUEN TAT AND ANOTHER
Parties
1st Plaintiffs (administrators of the Estate of NG WAI LEE and Attorneys of CHOI YUEN FUN and NG WAN Hoi): NG CHUN PUI and NG WANG KING; 2nd Plaintiff: TSE CHI WAI by his father and next friend TSE SAI YIN; 3rd Plaintiff: TSE SI YIN; 4th Plaintiff: NG SUET LAI; 5th Plaintiff: CHU YUN MAN; 1st Defendant (driver): LEE CHUEN TAT (also spelt as LEE TSUEN TAT); 2nd Defendant (owner/employer): HO KWAN LEUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 April 1987
Case Number
HCA4943/1984
Procedural Posture
Civil Tort – Road Traffic Personal Injury (negligence) / Judgment on Liability; Quantum Deferred
Outcome
Judgment for the Plaintiffs on liability; Defendants held liable
Legal Topics
Res Ipsa Loquitur, Burden of Proof, Duty of Care, Causation, Emergency/avoidance of Collision, Employer Liability
Source Language
EN
Tort Negligence Civil Procedure Road Traffic Law Vicarious Liability Res Ipsa Loquitur Burden of Proof Duty of Care +3 more

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Parties

NG CHUN PUI and NG WANG KING

1st Plaintiffs (administrators of the Estate of NG WAI LEE and Attorneys of CHOI YUEN FUN and NG WAN Hoi)

TSE CHI WAI by his father and next friend TSE SAI YIN

2nd Plaintiff

TSE SI YIN

3rd Plaintiff

NG SUET LAI

4th Plaintiff

CHU YUN MAN

5th Plaintiff

LEE CHUEN TAT (also spelt as LEE TSUEN TAT)

1st Defendant (driver)

HO KWAN LEUNG

2nd Defendant (owner/employer)

Procedural Posture

Civil Tort – Road Traffic Personal Injury (negligence) / Judgment on Liability; Quantum Deferred

Legal Issues

  1. 1 Whether the 1st Defendant was negligent in causing the accident
  2. 2 Whether the doctrine of res ipsa loquitur applied and thereby shifted the burden to the Defendants to prove non-negligence
  3. 3 Whether the Defendants discharged the onus cast on them and thus avoid liability

Ratio Decidendi

Res ipsa loquitur applied because the coach veered across the central reservation; the evidential burden shifted to the Defendants, who failed to discharge that burden by affirmative proof in the factual context (wet slippery road, imprecise distances, untraced third party vehicle); accordingly the Defendants were liable for the accident.

Court Disposition

Judgment for the Plaintiffs on liability; Defendants held liable

Orders

  • Judgment for the Plaintiffs on liability with costs
  • Plaintiffs' own costs to be taxed in accordance with the Legal Aid Regulations