ELSE PETER GEORGE v. LAU KA LAI AND ANOTHER

ELSE PETER GEORGE v. LAU KA LAI AND ANOTHER

The court found on the evidence that the 2nd Defendant's negligent driving solely caused the collision; the 1st Defendant, as registered owner, is vicariously liable for the 2nd Defendant's tort; the Plaintiff is entitled to damages of $259,296.43 (repair costs $250,000 + loss of no claim bonus $8,596.43 + survey fee $700), interest from 7 October 2003 at half‑judgment rate until assessment and at judgment rate thereafter, and costs on a party and party basis to be taxed if not agreed.

Citation
ELSE PETER GEORGE v. LAU KA LAI AND ANOTHER
Parties
Plaintiff: ELSE PETER GEORGE; 1st Defendant: LAU KA LAI; 2nd Defendant: TANG KIN MING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 March 2007
Case Number
DCCJ1411/2005
Procedural Posture
Civil Action (motor Vehicle Collision) / Assessment of Damages (interlocutory Judgments Entered)
Outcome
Judgment for the Plaintiff against the 1st Defendant and the 2nd Defendant jointly for assessed damages and costs.
Legal Topics
Negligence, Vicarious Liability, Joint Liability, Assessment of Damages, Interest, Costs
Source Language
EN
Tort Motor Vehicle Law Civil Procedure Damages Negligence Vicarious Liability Joint Liability Assessment of Damages +2 more

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Parties

ELSE PETER GEORGE

Plaintiff

LAU KA LAI

1st Defendant

TANG KIN MING

2nd Defendant

Procedural Posture

Civil Action (motor Vehicle Collision) / Assessment of Damages (interlocutory Judgments Entered)

Legal Issues

  1. 1 Whether the 2nd Defendant was negligent in causing the collision
  2. 2 Whether the 1st Defendant is vicariously liable for the tort of the 2nd Defendant
  3. 3 Quantum of damages recoverable by the Plaintiff (repair costs, loss of no‑claim bonus, survey fee)

Ratio Decidendi

The court found on the evidence that the 2nd Defendant's negligent driving solely caused the collision; the 1st Defendant, as registered owner, is vicariously liable for the 2nd Defendant's tort; the Plaintiff is entitled to damages of $259,296.43 (repair costs $250,000 + loss of no claim bonus $8,596.43 + survey fee $700), interest from 7 October 2003 at half‑judgment rate until assessment and at judgment rate thereafter, and costs on a party and party basis to be taxed if not agreed.

Court Disposition

Judgment for the Plaintiff against the 1st Defendant and the 2nd Defendant jointly for assessed damages and costs.

Orders

  • 1st Defendant and 2nd Defendant do jointly pay the Plaintiff the sum of $259,296.43 with interest thereon at half Judgment rate from 7 October 2003 until the date of handing down of this assessment and thereafter at Judgment rate until satisfaction.
  • There be an Order Nisi that the 1st Defendant and 2nd Defendant do jointly pay the Plaintiff his costs of this action on a party and party basis to be taxed if not agreed; unless an application is made to vary this Order Nisi it shall become absolute in 14 days.