THE KOWLOON MOTOR BUS CO. (1933) LTD. v. CHUNG TAK HI AND ANOTHER

THE KOWLOON MOTOR BUS CO. (1933) LTD. v. CHUNG TAK HI AND ANOTHER

The plaintiff established a prima facie case of negligence; the defendants failed to rebut it because the police statements were unreliable and the First Defendant's account of a Green PLB was uncorroborated and implausible (notably swerving left instead of braking). Even if an emergency existed, the First Defendant did not act as a reasonably prudent driver would have done, so he breached his duty of care; the Second Defendant is vicariously liable. Judgment for the plaintiff for HK$90,604.80.

Citation
THE KOWLOON MOTOR BUS CO. (1933) LTD. v. CHUNG TAK HI AND ANOTHER
Parties
Plaintiff (franchised Bus Operator, Owner of Double Decker Bus GW 2033): Plaintiff; First Defendant (driver of Public Light Bus GY 6462): First Defendant; Second Defendant (owner of Public Light Bus GY 6462): ITY MAXICAB LTD.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 February 2002
Case Number
DCCJ6579/2001
Procedural Posture
Tort Negligence (road Traffic Collision) / Judgment (trial Concluded)
Outcome
Judgment for the Plaintiff against both Defendants, jointly and severally, for HK$90,604.80; costs to the Plaintiff to be taxed on a party/party basis with certificate for counsel unless agreed.
Legal Topics
Duty of Care, Standard of Care, Res Ipsa Loquitur, Emergency Doctrine, Witness Credibility
Source Language
EN
Tort Negligence Road Traffic Law Vicarious Liability Evidence Duty of Care Standard of Care Res Ipsa Loquitur +2 more

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Parties

Plaintiff

Plaintiff (franchised Bus Operator, Owner of Double Decker Bus GW 2033)

First Defendant

First Defendant (driver of Public Light Bus GY 6462)

ITY MAXICAB LTD.

Second Defendant (owner of Public Light Bus GY 6462)

Procedural Posture

Tort Negligence (road Traffic Collision) / Judgment (trial Concluded)

Legal Issues

  1. 1 Was the First Defendant negligent at the relevant time?
  2. 2 Did the Defendants adduce sufficient evidence to rebut the plaintiff's prima facie case of negligence?
  3. 3 If there was an emergency, did the First Defendant react as a reasonably prudent driver should?

Ratio Decidendi

The plaintiff established a prima facie case of negligence; the defendants failed to rebut it because the police statements were unreliable and the First Defendant's account of a Green PLB was uncorroborated and implausible (notably swerving left instead of braking). Even if an emergency existed, the First Defendant did not act as a reasonably prudent driver would have done, so he breached his duty of care; the Second Defendant is vicariously liable. Judgment for the plaintiff for HK$90,604.80.

Court Disposition

Judgment for the Plaintiff against both Defendants, jointly and severally, for HK$90,604.80; costs to the Plaintiff to be taxed on a party/party basis with certificate for counsel unless agreed.

Orders

  • Judgment for the Plaintiff in the sum of HK$90,604.80.
  • Liability is against both Defendants jointly and severally.