KUMARA DEBANAMA v. LUI PUI WAI AND ANOTHER

KUMARA DEBANAMA v. LUI PUI WAI AND ANOTHER

Plaintiff was a trespasser to a clearly fenced private Backyard; defendants were occupiers who had taken reasonable precautions (high fences, warning signs, kennel); plaintiff voluntarily accepted the risk by entering despite warnings; plaintiff failed to prove negligence or that regulation 9 conferred a civil cause of action; accordingly claim dismissed and defendants entitled to costs.

Citation
KUMARA DEBANAMA v. LUI PUI WAI AND ANOTHER
Parties
Plaintiff: KUMARA DEBANAMA; 1st Defendant: LUI PUI WAI; 2nd Defendant: TAM SHUK BING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 July 2016
Case Number
DCPI1041/2013
Procedural Posture
Personal Injuries Action / Judgment (29 July 2016)
Outcome
Claim dismissed. Judgment for the defendants. Plaintiff to pay defendants' costs; costs to be taxed if not agreed with certificate for counsel; costs orders subject to nisi period of 14 days.
Legal Topics
Dog Bite, Trespass, Duty of Care, Breach of Statutory Duty, Quantum of Damages, Legal Aid Costs
Source Language
EN
Tort Occupiers' Liability Negligence Animal Law Statutory Interpretation Dog Bite Trespass Duty of Care +3 more

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Parties

KUMARA DEBANAMA

Plaintiff

LUI PUI WAI

1st Defendant

TAM SHUK BING

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment (29 July 2016)

Legal Issues

  1. 1 Whether the plaintiff had a right to treat the fenced Backyard as a public place
  2. 2 Whether the defendants were occupiers and owed a duty of care to the plaintiff
  3. 3 Whether the plaintiff was a trespasser and whether any duty to trespassers was breached

Ratio Decidendi

Plaintiff was a trespasser to a clearly fenced private Backyard; defendants were occupiers who had taken reasonable precautions (high fences, warning signs, kennel); plaintiff voluntarily accepted the risk by entering despite warnings; plaintiff failed to prove negligence or that regulation 9 conferred a civil cause of action; accordingly claim dismissed and defendants entitled to costs.

Court Disposition

Claim dismissed. Judgment for the defendants. Plaintiff to pay defendants' costs; costs to be taxed if not agreed with certificate for counsel; costs orders subject to nisi period of 14 days.

Orders

  • Plaintiff's claim dismissed against the defendants
  • Defendants awarded costs; costs to be taxed if not agreed with certificate for counsel