JUNICHI TAKASHIMA AND ANOTHER v. CITIZENS TRAVEL AGENCY LTD AND ANOTHER

JUNICHI TAKASHIMA AND ANOTHER v. CITIZENS TRAVEL AGENCY LTD AND ANOTHER

The court found Citizens Travel had contracted with individual tour members and, as operator/organizer, owed and breached the primary contractual duty to provide services with reasonable care by failing to ensure the safety of the Sunset Cruise (failure to verify boat capacity and the illegal upper deck), and is thus liable for the deaths; the tour leader was not negligent and claims against him are dismissed.

Citation
JUNICHI TAKASHIMA AND ANOTHER v. CITIZENS TRAVEL AGENCY LTD AND ANOTHER
Parties
1st Plaintiff: HO YAN; 2nd Plaintiff: HO YAN (administrator of the estate of CHAN NGA MOON, deceased); 3rd Plaintiff: HO YAN (administrator of the estate of VERNAN YUK LUN HO, deceased); Plaintiff (hcpi 876/2000) Settled: HUI YAU CHUNG (administrator of the estate of WONG SUK CHING, deceased); 1st Plaintiff (hcpi 1051/2000): JUNICHI TAKASHIMA; 2nd Plaintiff (hcpi 1051/2000): JUNICHI TAKASHIMA (executor of the estate of LEUNG PO WAN, deceased); 1st Defendant: CITIZENS TRAVEL AGENCY LIMITED; 2nd Defendant: CHING LONG SING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 March 2004
Case Number
HCPI1051/2000
Procedural Posture
Personal Injuries Actions (consolidated HCPI 1234/876/1051) / Liability Hearing Interlocutory Judgment on Liability (23 March 2004)
Outcome
Interlocutory judgment on liability for plaintiffs against the 1st defendant (Citizens Travel); claims against the 2nd defendant (Ching Long Sing) dismissed.
Legal Topics
Duty of Care, Negligence, Independent Contractor Liability, Implied Contractual Term, Agency, Causation
Source Language
EN
Tort Contract Personal Injury Agency Travel Industry Regulation Duty of Care Negligence Independent Contractor Liability +2 more

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Parties

HO YAN

1st Plaintiff

HO YAN (administrator of the estate of CHAN NGA MOON, deceased)

2nd Plaintiff

HO YAN (administrator of the estate of VERNAN YUK LUN HO, deceased)

3rd Plaintiff

HUI YAU CHUNG (administrator of the estate of WONG SUK CHING, deceased)

Plaintiff (hcpi 876/2000) Settled

JUNICHI TAKASHIMA

1st Plaintiff (hcpi 1051/2000)

JUNICHI TAKASHIMA (executor of the estate of LEUNG PO WAN, deceased)

2nd Plaintiff (hcpi 1051/2000)

CITIZENS TRAVEL AGENCY LIMITED

1st Defendant

CHING LONG SING

2nd Defendant

Procedural Posture

Personal Injuries Actions (consolidated HCPI 1234/876/1051) / Liability Hearing Interlocutory Judgment on Liability (23 March 2004)

Legal Issues

  1. 1 Whether a contract existed between Citizens Travel and individual tour members
  2. 2 Scope and source of duty of care owed by the tour operator
  3. 3 Whether Citizens Travel is liable for negligence of its local operator (Landmark) as independent contractor

Ratio Decidendi

The court found Citizens Travel had contracted with individual tour members and, as operator/organizer, owed and breached the primary contractual duty to provide services with reasonable care by failing to ensure the safety of the Sunset Cruise (failure to verify boat capacity and the illegal upper deck), and is thus liable for the deaths; the tour leader was not negligent and claims against him are dismissed.

Court Disposition

Interlocutory judgment on liability for plaintiffs against the 1st defendant (Citizens Travel); claims against the 2nd defendant (Ching Long Sing) dismissed.

Orders

  • Liability found for HCPI 1234/1998 and HCPI 1051/2000 against Citizens Travel Agency Limited; damages to be assessed
  • Claims against Ching Long Sing dismissed