LEE WING YIN v. LEUNG KAM CHAU AND ANOTHER

LEE WING YIN v. LEUNG KAM CHAU AND ANOTHER

Braking distances derived from tests are factual technical data analogous to Highway Code stopping distances and therefore admissible as evidence of the LRT vehicle's technical performance; they are not expert opinions on liability and their admission does not cause prejudice.

Citation
LEE WING YIN v. LEUNG KAM CHAU AND ANOTHER
Parties
Plaintiff: LEE WING YIN; 1st Defendant: LEUNG KAM CHAU; 2nd Defendant: KOWLOON-CANTON RAILWAY CORPORATION
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 January 2009
Case Number
HCPI399/2007
Procedural Posture
Personal Injuries Action / Pre Trial Review (admissibility of Expert Evidence on Liability)
Outcome
Braking distances admitted as factual technical evidence.
Legal Topics
Expert Evidence, Admissibility, Liability, Braking Distances, Pre Trial Review
Source Language
EN
Tort Personal Injury Civil Procedure Evidence Expert Evidence Admissibility Liability Braking Distances +1 more

Case Brief

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Parties

LEE WING YIN

Plaintiff

LEUNG KAM CHAU

1st Defendant

KOWLOON-CANTON RAILWAY CORPORATION

2nd Defendant

Procedural Posture

Personal Injuries Action / Pre Trial Review (admissibility of Expert Evidence on Liability)

Legal Issues

  1. 1 Whether braking distance evidence constitutes expert opinion on liability
  2. 2 Whether such evidence should be admitted despite the Master's order prohibiting expert evidence on liability
  3. 3 Whether braking distances are factual technical data admissible as evidence

Ratio Decidendi

Braking distances derived from tests are factual technical data analogous to Highway Code stopping distances and therefore admissible as evidence of the LRT vehicle's technical performance; they are not expert opinions on liability and their admission does not cause prejudice.

Court Disposition

Braking distances admitted as factual technical evidence.

Orders

  • Braking distance evidence admitted as factual technical data and allowed to be tendered at trial.