LAM CHUN LAN AND ANOTHER v. LO KING SHING AND ANOTHER

LAM CHUN LAN AND ANOTHER v. LO KING SHING AND ANOTHER

On the facts the court found the 2nd defendant negligent and, applying the factual tests in the cited authorities, found the 2nd defendant was acting as the agent of the 1st defendant; therefore the 1st defendant was vicariously liable and both defendants were jointly and severally liable to plaintiffs for the awarded sums, interest and costs.

Citation
LAM CHUN LAN AND ANOTHER v. LO KING SHING AND ANOTHER
Parties
1st Plaintiff: LAM CHUN LAN; 2nd Plaintiff: CHEUNG KAM HUNG; 1st Defendant: LO KING SHING; 2nd Defendant: MA CHUNG PING
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 February 1981
Case Number
DCCJ5483/1980
Procedural Posture
Civil Action — Tort (negligence) / Judgment Following Trial
Outcome
Judgment for plaintiffs against both defendants jointly and severally.
Legal Topics
Negligence, Vicarious Liability, Agency, Loss of Use, Damages, Costs, Interest
Source Language
EN
Torts Agency Law Motor Vehicle Law Civil Procedure Negligence Vicarious Liability Agency Loss of Use +3 more

Case Brief

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Parties

LAM CHUN LAN

1st Plaintiff

CHEUNG KAM HUNG

2nd Plaintiff

LO KING SHING

1st Defendant

MA CHUNG PING

2nd Defendant

Procedural Posture

Civil Action — Tort (negligence) / Judgment Following Trial

Legal Issues

  1. 1 Was the 2nd defendant negligent in causing the collision?
  2. 2 Was the 2nd defendant acting as agent/servant of the 1st defendant at the time of the accident?
  3. 3 Are the owners vicariously liable for the driver’s negligence?

Ratio Decidendi

On the facts the court found the 2nd defendant negligent and, applying the factual tests in the cited authorities, found the 2nd defendant was acting as the agent of the 1st defendant; therefore the 1st defendant was vicariously liable and both defendants were jointly and severally liable to plaintiffs for the awarded sums, interest and costs.

Court Disposition

Judgment for plaintiffs against both defendants jointly and severally.

Orders

  • Judgment for 1st plaintiff in sum of HKD 3,877.30 (repairs HKD 3,514.30; survey fee HKD 165.00; loss of use HKD 198.00).
  • Judgment for 2nd plaintiff in sum of HKD 99.00 (loss of use).