LI MOON CHAI v. LEUNG SHU MAN AND ANOTHER

LI MOON CHAI v. LEUNG SHU MAN AND ANOTHER

Each defendant was held liable for the plaintiff's injuries, there was no contributory negligence by the plaintiff, liability was apportioned equally between the two defendants, and damages were awarded in specified sums with offsets and interest as ordered.

Citation
LI MOON CHAI v. LEUNG SHU MAN AND ANOTHER
Parties
Plaintiff: Li Moon Chai; 1st Defendant: Leung Shu Man; 2nd Defendant: Wong Keng Ming trading as Hing Cheong Engineering Company / Proficiency Industrial Products Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 September 2008
Case Number
HCPI48/2007
Procedural Posture
Personal Injuries Action No. 48 of 2007 / Judgment Delivered
Outcome
Judgment for the plaintiff against both defendants; no contributory negligence; defendants equally liable; damages awarded and costs ordered nisi.
Legal Topics
Liability, Apportionment, Contributory Negligence, Quantum of Damages, Interest on Damages, Costs
Source Language
EN
Personal Injury Tort Negligence Civil Procedure Damages Liability Apportionment Contributory Negligence +3 more

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Parties

Li Moon Chai

Plaintiff

Leung Shu Man

1st Defendant

Wong Keng Ming trading as Hing Cheong Engineering Company / Proficiency Industrial Products Limited

2nd Defendant

Procedural Posture

Personal Injuries Action No. 48 of 2007 / Judgment Delivered

Legal Issues

  1. 1 Whether defendants were liable for the plaintiff's injuries
  2. 2 Whether the plaintiff was contributorily negligent
  3. 3 How liability should be apportioned between defendants

Ratio Decidendi

Each defendant was held liable for the plaintiff's injuries, there was no contributory negligence by the plaintiff, liability was apportioned equally between the two defendants, and damages were awarded in specified sums with offsets and interest as ordered.

Court Disposition

Judgment for the plaintiff against both defendants; no contributory negligence; defendants equally liable; damages awarded and costs ordered nisi.

Orders

  • Each of the two defendants is liable to the plaintiff for this claim.
  • There is no contributory negligence on the part of the plaintiff.