SIU WAI CHEUNG ROCKY v. LEE WAI KWUN AND ANOTHER

SIU WAI CHEUNG ROCKY v. LEE WAI KWUN AND ANOTHER

Plaintiff failed to prove on the balance of probabilities that Mr Lee was operating the tailgate at the material time or that Multi Express was independently negligent in training or supervision; therefore no negligence or vicarious liability was established and the claim is dismissed.

Citation
SIU WAI CHEUNG ROCKY v. LEE WAI KWUN AND ANOTHER
Parties
Plaintiff: Mr Siu; 1st Defendant: Mr Lee; 2nd Defendant: MULTI EXPRESS (HK) LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 June 2009
Case Number
DCPI1508/2008
Procedural Posture
Personal Injury Negligence / Judgment (trial)
Outcome
Claim dismissed against 1st and 2nd Defendants.
Legal Topics
Tailgate Accident, Negligence, Vicarious Liability, Training and Supervision, Contributory Negligence, Quantification of Damages
Source Language
EN
Torts Employment Law Personal Injury Vicarious Liability Damages Tailgate Accident Negligence Training and Supervision +2 more

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Parties

Mr Siu

Plaintiff

Mr Lee

1st Defendant

MULTI EXPRESS (HK) LIMITED

2nd Defendant

Procedural Posture

Personal Injury Negligence / Judgment (trial)

Legal Issues

  1. 1 Was the driver (Mr Lee) in control of the tailgate at the time of the accident?
  2. 2 Was Mr Lee negligent in causing the accident?
  3. 3 Was Multi Express negligent in failing to provide adequate training or supervision?

Ratio Decidendi

Plaintiff failed to prove on the balance of probabilities that Mr Lee was operating the tailgate at the material time or that Multi Express was independently negligent in training or supervision; therefore no negligence or vicarious liability was established and the claim is dismissed.

Court Disposition

Claim dismissed against 1st and 2nd Defendants.

Orders

  • Claim dismissed.
  • Costs nisi: costs to the Defendants to be taxed if not agreed, with certificate for counsel.