KWAN KAI WU v. LAM PUI SHAN AND ANOTHER
On the balance of probabilities the 1st defendant entered the yellow box first and stopped there; the plaintiff breached the Road Users' Code and failed to keep proper lookout; the accident was caused solely by the plaintiff's negligence and the defendants were not liable.
- Citation
- KWAN KAI WU v. LAM PUI SHAN AND ANOTHER
- Parties
- Plaintiff: KWAN KAI WU; 1st Defendant: LAM PUI SHAN; 2nd Defendant: HARVEST SUNNY LIMITED
- Court
- District Court
- Jurisdiction
- Hong Kong
- Judgment Date
- 12 September 2014
- Case Number
- DCPI41/2013
- Procedural Posture
- Personal Injuries Action / Judgment
- Outcome
- Claim dismissed; no liability on the part of the 1st or 2nd defendant
- Legal Topics
- Liability, Contributory Negligence, Quantum of Damages, Duty of Care, Road Users Regulations
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Parties
KWAN KAI WU
Plaintiff
LAM PUI SHAN
1st Defendant
HARVEST SUNNY LIMITED
2nd Defendant
Procedural Posture
Personal Injuries Action / Judgment
Legal Issues
- 1 How the accident happened
- 2 Whether the 1st defendant was negligent
- 3 Whether the plaintiff was contributorily negligent
Ratio Decidendi
On the balance of probabilities the 1st defendant entered the yellow box first and stopped there; the plaintiff breached the Road Users' Code and failed to keep proper lookout; the accident was caused solely by the plaintiff's negligence and the defendants were not liable.
Court Disposition
Claim dismissed; no liability on the part of the 1st or 2nd defendant
Orders
- Order nisi for costs in favour of the 1st and 2nd defendants with certificate for counsel to be made absolute 14 days after judgment
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