MAK KIT CHING KITTY AND ANOTHER v. TSANG YIU WING AND OTHERS

MAK KIT CHING KITTY AND ANOTHER v. TSANG YIU WING AND OTHERS

The court found as a matter of fact that the deceased was driving recklessly (very high speed well over 100 km/h, no braking, not keeping proper lookout) and that that reckless driving was the sole operative cause of the fatal collision; recklessness broke the chain of causation from the 1st Defendant's prior...

Source-derived case information.

Citation
MAK KIT CHING KITTY AND ANOTHER v. TSANG YIU WING AND OTHERS
Parties
Plaintiff: Mak Kit Ching Kitty; Plaintiff: Fu Mee Yuk Shirley; 1st Defendant: Tsang Yiu Wing; 2nd Defendant: Wong Kwok Hing; 3rd Defendant: Ho Chi Ming
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 October 2006
Case Number
HCPI811/1999
Procedural Posture
Personal Injuries Action / Liability Judgment (court of First Instance)
Outcome
Plaintiff's claims dismissed against all Defendants
Legal Topics
Causation, Public Nuisance, Recklessness Vs Negligence, Admissibility of Late Evidence, Contributory Negligence
Source Language
en
Tort Road Traffic Law Negligence Nuisance Civil Procedure (evidence) Causation Public Nuisance Recklessness Vs Negligence +2 more

Source-derived case record

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 5 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mak Kit Ching Kitty

Plaintiff

Fu Mee Yuk Shirley

Plaintiff

Tsang Yiu Wing

1st Defendant

Wong Kwok Hing

2nd Defendant

Ho Chi Ming

3rd Defendant

Procedural Posture

Personal Injuries Action / Liability Judgment (court of First Instance)

Legal Issues

  1. 1 Whether late evidence of fire service rescue operations should be admitted after close of evidence
  2. 2 Whether the 1st and 2nd Defendants liability for the fatal collision was established or broken by the deceased's reckless driving
  3. 3 Whether the 3rd Defendant (tow truck driver/owner) owed and breached a duty to warn or secure the scene

Ratio Decidendi

The court found as a matter of fact that the deceased was driving recklessly (very high speed well over 100 km/h, no braking, not keeping proper lookout) and that that reckless driving was the sole operative cause of the fatal collision; recklessness broke the chain of causation from the 1st Defendant's prior negligent obstruction and therefore the 1st and 2nd Defendants were not liable; the 3rd Defendant acted reasonably and owed no actionable duty in the circumstances; late fire service evidence was not admitted because it was vague, should have been called earlier, and would not have altered the evidential picture.

Court Disposition

Plaintiff's claims dismissed against all Defendants

Orders

  • Application to admit late evidence refused
  • Action dismissed against the 1st and 2nd Defendants (Tsang Yiu Wing and Wong Kwok Hing) on basis that deceased's reckless driving was sole cause