LEUNG TAT MING 對 SECRETARY FOR JUSTICE For and on behalf of the Director of Highways及另一人

LEUNG TAT MING 對 SECRETARY FOR JUSTICE For and on behalf of the Director of Highways及另一人

On the balance of probabilities plaintiff failed to prove defendants' negligence caused the accident: defendants had performed contractually required and reasonable inspections with no recorded defect shortly before the accident; there was no evidence when or how the grate became uncovered and the condition could...

Source-derived case information.

Citation
[2023] HKDC 941
Parties
Plaintiff: LEUNG TAT MING; Defendant: SECRETARY FOR JUSTICE for and on behalf of the Director of Highways; Defendant: CHIU HING CONSTRUCTION & TRANSPORTATION COMPANY LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 July 2023
Case Number
DCPI1146/2018
Procedural Posture
Personal Injury / Trial Judgment
Outcome
Claim dismissed
Legal Topics
Duty of Care, Inspection Obligations, Causation, Quantification of Damages, Transient Vs Permanent Danger
Source Language
ch
Tort Negligence Public Highway Maintenance Contract (road Maintenance) Duty of Care Inspection Obligations Causation Quantification of Damages +1 more

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Parties

LEUNG TAT MING

Plaintiff

SECRETARY FOR JUSTICE for and on behalf of the Director of Highways

Defendant

CHIU HING CONSTRUCTION & TRANSPORTATION COMPANY LIMITED

Defendant

Procedural Posture

Personal Injury / Trial Judgment

  1. 1 Whether defendants owed and breached a duty to maintain and cover road drainage grating
  2. 2 Whether periodic inspections performed satisfied standard of care
  3. 3 Whether plaintiff proved on balance that defendants' negligence caused the accident

Ratio Decidendi

On the balance of probabilities plaintiff failed to prove defendants' negligence caused the accident: defendants had performed contractually required and reasonable inspections with no recorded defect shortly before the accident; there was no evidence when or how the grate became uncovered and the condition could have been a transient event for which defendants are not liable; therefore claim dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • Plaintiff ordered to pay defendants' costs including counsel's certificate (provisional)