KUNG KIT SHING v. STAR SYNTHETIC FLOWER FACTORY (A FIRM) AND OTHERS

KUNG KIT SHING v. STAR SYNTHETIC FLOWER FACTORY (A FIRM) AND OTHERS

On the facts the court found the van driver (2nd Defendant) solely negligent; the registered owner (3rd Defendant) was the actual owner who authorised use through agent/supervisor (Mr. Yip) and acquiesced in permissive use by the 2nd Defendant, therefore vicarious liability attached to the 3rd Defendant (and judgment was entered against the 1st Defendant ex parte); claims against the bus owner/driver (4th and 5th Defendants) were dismissed; damages awarded based on proven injuries and objective evidence.

Citation
KUNG KIT SHING v. STAR SYNTHETIC FLOWER FACTORY (A FIRM) AND OTHERS
Parties
Plaintiff: Kung Kit Shing; 1st Defendant: Star Synthetic Flower Factory; 2nd Defendant: Yue Ka Pui; 3rd Defendant: Yeung Lap Fun; 4th Defendant: China Motor Bus Company Limited; 5th Defendant: Wong Kin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 March 1987
Case Number
HCA8967/1981
Procedural Posture
Tort Personal Injury (motor Vehicle Collision) / Trial Judgment (high Court)
Outcome
Judgment entered for Plaintiff against 1st Defendant (Star Synthetic Flower Factory) and 3rd Defendant (Yeung Lap Fun) for negligence of 2nd Defendant; claims against 4th Defendant (China Motor Bus Company Limited) and 5th Defendant (Wong Kin) dismissed; interlocutory judgment previously entered against 2nd Defendant.
Legal Topics
Vicarious Liability of Registered Owner, Statutory Duty Under Motor Vehicles Insurance (third Party Risks) Ordinance, Assessment of Quantum, Credibility and Fabrication of Evidence, Contributory Negligence
Source Language
EN
Tort Vicarious Liability Motor Vehicle Law Evidence Personal Injury Vicarious Liability of Registered Owner Statutory Duty Under Motor Vehicles Insurance (third Party Risks) Ordinance Assessment of Quantum +2 more

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Parties

Kung Kit Shing

Plaintiff

Star Synthetic Flower Factory

1st Defendant

Yue Ka Pui

2nd Defendant

Yeung Lap Fun

3rd Defendant

China Motor Bus Company Limited

4th Defendant

Wong Kin

5th Defendant

Procedural Posture

Tort Personal Injury (motor Vehicle Collision) / Trial Judgment (high Court)

Legal Issues

  1. 1 Whether 5th Defendant bus-driver was negligent or contributory negligent
  2. 2 Whether 3rd Defendant as registered owner is vicariously liable for negligence of 2nd Defendant
  3. 3 Whether registered owner breached statutory duty under Section 4 Motor Vehicles Insurance (Third Party Risks) Ordinance

Ratio Decidendi

On the facts the court found the van driver (2nd Defendant) solely negligent; the registered owner (3rd Defendant) was the actual owner who authorised use through agent/supervisor (Mr. Yip) and acquiesced in permissive use by the 2nd Defendant, therefore vicarious liability attached to the 3rd Defendant (and judgment was entered against the 1st Defendant ex parte); claims against the bus owner/driver (4th and 5th Defendants) were dismissed; damages awarded based on proven injuries and objective evidence.

Court Disposition

Judgment entered for Plaintiff against 1st Defendant (Star Synthetic Flower Factory) and 3rd Defendant (Yeung Lap Fun) for negligence of 2nd Defendant; claims against 4th Defendant (China Motor Bus Company Limited) and 5th Defendant (Wong Kin) dismissed; interlocutory judgment previously entered against 2nd Defendant.

Orders

  • Judgment entered against 1st Defendant (Star Synthetic Flower Factory) and 3rd Defendant (Yeung Lap Fun) for negligence of the 2nd Defendant
  • Claims against 4th Defendant (China Motor Bus Company Limited) and 5th Defendant (Wong Kin) dismissed