LUNG SIU WING v. LO WAI MING AND OTHERS

LUNG SIU WING v. LO WAI MING AND OTHERS

The 3rd defendant, having been validly joined with leave to defend, was entitled to dispute liability, but on the evidence it failed to prove contributory negligence on the balance of probabilities due to lack of direct evidence from the insureds; accordingly liability is established for the plaintiff and damages are assessed accordingly.

Citation
LUNG SIU WING v. LO WAI MING AND OTHERS
Parties
Plaintiff: Lung Siu Wing; 1st Defendant: Lo Wai Ming; 2nd Defendant: Ng Tai Shing; 3rd Defendant: Tugu Insurance Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 December 2009
Case Number
DCPI1134/2009
Procedural Posture
Personal Injuries Action / Judgment Assessment of Damages
Outcome
Judgment for the plaintiff; damages awarded and costs ordered as set out.
Legal Topics
Negligence, Contributory Negligence, Insurer Joinder and Locus to Defend, Section 10 Motor Vehicles Insurance (third Party Risks) Ordinance, Assessment of Damages
Source Language
EN
Tort Insurance Motor Vehicles Personal Injury Negligence Contributory Negligence Insurer Joinder and Locus to Defend Section 10 Motor Vehicles Insurance (third Party Risks) Ordinance +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Lung Siu Wing

Plaintiff

Lo Wai Ming

1st Defendant

Ng Tai Shing

2nd Defendant

Tugu Insurance Company Limited

3rd Defendant

Procedural Posture

Personal Injuries Action / Judgment Assessment of Damages

Legal Issues

  1. 1 Whether the insurer (3rd defendant) could dispute liability after interlocutory judgment entered against the insureds
  2. 2 Whether the plaintiff was contributorily negligent
  3. 3 Quantum of damages and deduction for employees' compensation

Ratio Decidendi

The 3rd defendant, having been validly joined with leave to defend, was entitled to dispute liability, but on the evidence it failed to prove contributory negligence on the balance of probabilities due to lack of direct evidence from the insureds; accordingly liability is established for the plaintiff and damages are assessed accordingly.

Court Disposition

Judgment for the plaintiff; damages awarded and costs ordered as set out.

Orders

  • PSLA awarded $200,000 HKD
  • Loss of pre-trial earnings awarded $61,152 HKD