CHOI CHI MING v. PAU KWONG HON

CHOI CHI MING v. PAU KWONG HON

On the balance of probabilities the Court found Mr. Pau primarily to blame for moving right late at the bifurcation and causing the incident; apportionment of liability was 70% against Mr. Pau and 30% against Mr. Choi, with damages awarded proportionally and costs apportioned accordingly.

Citation
CHOI CHI MING v. PAU KWONG HON
Parties
Plaintiff (no.6003)/defendant (no.5750): CHOI CHI-MING; Plaintiff (no.5750)/defendant (no.6003): PAU KWONG-HON
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 June 1983
Case Number
HCA6003/1980
Procedural Posture
Personal Injury (traffic Collision) / Judgment (consolidated Actions)
Outcome
Judgment: Mr. Choi awarded 70% of the sums in the agreed document 'X'; judgment on the counterclaim awarded to Mr. Pau for 30% of the sums in document 'Z' (Z agreed save as to post-31 Aug 1978 wages). Costs apportioned: Mr. Choi to receive 70% of costs (including costs of issue and service of writ/statement of claim...
Legal Topics
Motorcycle Collision, Apportionment of Liability, Assessment of Damages, Costs Allocation, Counterclaim Treatment, Consolidation of Actions
Source Language
EN
Tort Personal Injury Negligence Civil Procedure Consolidation and Costs Motorcycle Collision Apportionment of Liability Assessment of Damages Costs Allocation +2 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 2 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

CHOI CHI-MING

Plaintiff (no.6003)/defendant (no.5750)

PAU KWONG-HON

Plaintiff (no.5750)/defendant (no.6003)

Procedural Posture

Personal Injury (traffic Collision) / Judgment (consolidated Actions)

Legal Issues

  1. 1 Determination of causation and apportionment of fault in a motorcycle collision
  2. 2 Whether and how separate actions consolidated should be treated for liability and costs
  3. 3 Extent to which counterclaim affects costs entitlement

Ratio Decidendi

On the balance of probabilities the Court found Mr. Pau primarily to blame for moving right late at the bifurcation and causing the incident; apportionment of liability was 70% against Mr. Pau and 30% against Mr. Choi, with damages awarded proportionally and costs apportioned accordingly.

Court Disposition

Judgment: Mr. Choi awarded 70% of the sums in the agreed document 'X'; judgment on the counterclaim awarded to Mr. Pau for 30% of the sums in document 'Z' (Z agreed save as to post-31 Aug 1978 wages). Costs apportioned: Mr. Choi to receive 70% of costs (including costs of issue and service of writ/statement of claim...

Orders

  • Judgment for Plaintiff (CHOI CHI-MING) for 70% of the sums set out in the agreed document marked 'X' and initialled by the Court.
  • Judgment for Defendant on counterclaim (PAU KWONG-HON) for 30% of the sums set out in the agreed document marked 'Z' and initialled by the Court; 'Z' agreed except as to post-31 August 1978 wages.