CHU KEUNG FAI AND OTHERS v. SUCCESS INSURANCE LIMITED AND OTHERS

CHU KEUNG FAI AND OTHERS v. SUCCESS INSURANCE LIMITED AND OTHERS

The driver (2nd defendant) was negligent for failing to adopt safer alternatives or to stop once the vehicle first veered; the deceased passengers bore no contributory negligence; Express (3rd defendant) was neither in possession/occupation of the road or pond nor did it create or materially increase the pond hazard on the balance of probabilities; therefore liability rests against the 2nd defendant alone and damages in the sum awarded are payable by him.

Citation
CHU KEUNG FAI AND OTHERS v. SUCCESS INSURANCE LIMITED AND OTHERS
Parties
Plaintiff (co Administrator): Chu Keung Fai (co-administrator of estate of Lai Pak Chuen); Plaintiff (co Administrator): Yu Wai Heung (co-administrator of estate of Chu Wah Ying); 1st Defendant (insurer/substituted Owner): Success Insurance Limited; 2nd Defendant (taxi Driver): Lai Chak Man; 3rd Defendant (contractor): Express Transport and Building Contractors Limited; 1st Third Party (insurer): Success Insurance Limited; 2nd Third Party: Lai Chak Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 December 1986
Case Number
HCA4517/1981
Procedural Posture
Fatal Accident Tort Claim (negligence, Occupiers' Liability, Creation of Hazard) / Trial Judgment on Liability and Quantum (final Judgment)
Outcome
Judgment for plaintiffs against 2nd defendant on liability; plaintiffs' claims against 3rd defendant dismissed; third party claims dismissed; damages awarded against 2nd defendant.
Legal Topics
Driver Negligence, Contributory Negligence, Occupation/occupier Liability, Creation of Hazard by Contractor, Site Possession and Handover, Assessment of Damages
Source Language
EN
Tort Negligence Occupiers' Liability Fatal Accidents Property/possession (contractual Handover) Driver Negligence Contributory Negligence Occupation/occupier Liability +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Chu Keung Fai (co-administrator of estate of Lai Pak Chuen)

Plaintiff (co Administrator)

Yu Wai Heung (co-administrator of estate of Chu Wah Ying)

Plaintiff (co Administrator)

Success Insurance Limited

1st Defendant (insurer/substituted Owner)

Lai Chak Man

2nd Defendant (taxi Driver)

Express Transport and Building Contractors Limited

3rd Defendant (contractor)

Success Insurance Limited

1st Third Party (insurer)

Lai Chak Man

2nd Third Party

Procedural Posture

Fatal Accident Tort Claim (negligence, Occupiers' Liability, Creation of Hazard) / Trial Judgment on Liability and Quantum (final Judgment)

Legal Issues

  1. 1 Was the taxi driver negligent causing deaths
  2. 2 Did the deceased passengers contribute by negligence
  3. 3 Was the contractor (3rd defendant) an occupier of the road or pond

Ratio Decidendi

The driver (2nd defendant) was negligent for failing to adopt safer alternatives or to stop once the vehicle first veered; the deceased passengers bore no contributory negligence; Express (3rd defendant) was neither in possession/occupation of the road or pond nor did it create or materially increase the pond hazard on the balance of probabilities; therefore liability rests against the 2nd defendant alone and damages in the sum awarded are payable by him.

Court Disposition

Judgment for plaintiffs against 2nd defendant on liability; plaintiffs' claims against 3rd defendant dismissed; third party claims dismissed; damages awarded against 2nd defendant.

Orders

  • Damages awarded in total HKD 171350 against 2nd defendant
  • Interest at 2% p.a. on HKD 40000 (loss of expectation of life) from date of service of writ until judgment