ZEE PETER AND TUNG BEAN v. YAU YAT SHING AND ANOTHER

ZEE PETER AND TUNG BEAN v. YAU YAT SHING AND ANOTHER

The court found the first defendant negligent for excessive speed and failure to control his vehicle approaching a known flooded hazard; the deceased was contributorily negligent in parking close to and standing near the flooded area and his conduct contributed one third to the damage and his fatal injuries; consequentially damages were apportioned two thirds to defendants and one third to deceased; LARCO damages for lost earnings were assessed using a 15‑year multiplier with 55% allowed for personal expenses (45% available to estate), FAO award to parents merged into larger LARCO award and only the grandmother’s FAO dependency award of HKD 20,000 remained; final monetary awards entered...

Citation
ZEE PETER AND TUNG BEAN v. YAU YAT SHING AND ANOTHER
Parties
Plaintiff (administrator of Estate): Zee Peter; Plaintiff (administrator of Estate): Tung Bean; 1st Defendant (driver): Yau Yat Shing; 2nd Defendant (owner): Wong Chi Bun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 March 1983
Case Number
HCA8977/1981
Procedural Posture
Civil Negligence / Fatal Accidents / Wrongful Death / Judgment After Trial (hearing Concluded 21 Mar 1983)
Outcome
Judgment for Plaintiffs. Defendants held liable (two thirds) with deceased held contributorily negligent (one third). Awards made to estate under LARCO and FAO and to first plaintiff personally for vehicle repair reimbursement.
Legal Topics
Negligence, Vicarious Liability, Contributory Negligence, Causation, Assessment of Damages, Loss of Expectation of Life, Merger of Awards
Source Language
EN
Tort Road Traffic Law Fatal Accidents Damages Estate Law Negligence Vicarious Liability Contributory Negligence +4 more

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Parties

Zee Peter

Plaintiff (administrator of Estate)

Tung Bean

Plaintiff (administrator of Estate)

Yau Yat Shing

1st Defendant (driver)

Wong Chi Bun

2nd Defendant (owner)

Procedural Posture

Civil Negligence / Fatal Accidents / Wrongful Death / Judgment After Trial (hearing Concluded 21 Mar 1983)

Legal Issues

  1. 1 Whether the first defendant was negligent in causing the collision
  2. 2 Whether the second defendant was vicariously liable as owner
  3. 3 Whether the deceased was contributorily negligent and, if so, apportionment of liability

Ratio Decidendi

The court found the first defendant negligent for excessive speed and failure to control his vehicle approaching a known flooded hazard; the deceased was contributorily negligent in parking close to and standing near the flooded area and his conduct contributed one third to the damage and his fatal injuries; consequentially damages were apportioned two thirds to defendants and one third to deceased; LARCO damages for lost earnings were assessed using a 15‑year multiplier with 55% allowed for personal expenses (45% available to estate), FAO award to parents merged into larger LARCO award and only the grandmother’s FAO dependency award of HKD 20,000 remained; final monetary awards entered...

Court Disposition

Judgment for Plaintiffs. Defendants held liable (two thirds) with deceased held contributorily negligent (one third). Awards made to estate under LARCO and FAO and to first plaintiff personally for vehicle repair reimbursement.

Orders

  • Judgment for Plaintiffs as personal representatives: LARCO damages HKD 934578
  • Judgment for Plaintiffs under FAO HKD 20000 (grandmother’s dependency)