LEUNG MEE YEE AND ANOTHER v. WONG KWOK FAI AND OTHERS

LEUNG MEE YEE AND ANOTHER v. WONG KWOK FAI AND OTHERS

The court accepted the contemporaneous police records, ambulance and hospital identification and credible witness evidence over inconsistent and implausible alternative accounts; on the balance of probabilities the driver was Wong Kwok Fai, therefore the plaintiff succeeded on the preliminary issue against the 1st and 2nd Defendants.

Citation
LEUNG MEE YEE AND ANOTHER v. WONG KWOK FAI AND OTHERS
Parties
Plaintiff (personal Representative): Leung Mee Yee; Co Plaintiff (personal Representative): Leung Mee Yung; 1st Defendant: Wong Kwok Fai; 2nd Defendant: Yip Wah Kee Newspaper And Magazines Limited; 3rd Defendant: Hospital Authority
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 September 2001
Case Number
HCPI1344/2000
Procedural Posture
Personal Injuries (fatality) / Trial of Preliminary Issue
Outcome
Judgment for the Plaintiff on the preliminary issue against the 1st and 2nd Defendants.
Legal Topics
Driver Identification, Vicarious Liability, Witness Credibility, Contemporaneous Police Records
Source Language
EN
Tort Negligence Road Traffic Evidence Driver Identification Vicarious Liability Witness Credibility Contemporaneous Police Records

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Parties

Leung Mee Yee

Plaintiff (personal Representative)

Leung Mee Yung

Co Plaintiff (personal Representative)

Wong Kwok Fai

1st Defendant

Yip Wah Kee Newspaper And Magazines Limited

2nd Defendant

Hospital Authority

3rd Defendant

Procedural Posture

Personal Injuries (fatality) / Trial of Preliminary Issue

Legal Issues

  1. 1 Who was driving the van at the time of the collision?
  2. 2 Whether the plaintiff established liability against the 1st and 2nd defendants on the preliminary issue
  3. 3 How to weigh and credit conflicting witness testimony and police contemporaneous records

Ratio Decidendi

The court accepted the contemporaneous police records, ambulance and hospital identification and credible witness evidence over inconsistent and implausible alternative accounts; on the balance of probabilities the driver was Wong Kwok Fai, therefore the plaintiff succeeded on the preliminary issue against the 1st and 2nd Defendants.

Court Disposition

Judgment for the Plaintiff on the preliminary issue against the 1st and 2nd Defendants.

Orders

  • Judgment entered for the Plaintiff against the 1st and 2nd Defendants on the preliminary issue.
  • Costs awarded to the Plaintiff against the 1st and 2nd Defendants.