SINGH INDERJEET v. HO CHUN BONG AND ANOTHER

SINGH INDERJEET v. HO CHUN BONG AND ANOTHER

On the balance of probabilities the truck was travelling too fast and failed to take sufficient care when overtaking; the plaintiff also veered right and checked too late, contributing to loss of control. Liability was apportioned 75% to the defendant and 25% to the plaintiff; damages were assessed combining physical and psychiatric injuries and pecuniary losses resulting in a net award of HKD 620,650 plus interest and costs.

Citation
SINGH INDERJEET v. HO CHUN BONG AND ANOTHER
Parties
Plaintiff: Singh Inderjeet; 1st Defendant: Ho Chun Bong; 2nd Defendant: Ng Kit Yee, Kitty
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 May 2009
Case Number
HCPI874/2007
Procedural Posture
Personal Injuries Action / Judgment
Outcome
Judgment for the plaintiff in the sum of HKD 620,650 plus interest and costs; interest on general damages from 15 November 2007 and on special damages from 31 October 2004; costs and interest to be agreed on nisi basis
Legal Topics
Liability, Contributory Negligence, Quantum, Causation, Psychiatric Injury, Loss of Earnings, Interest, Costs
Source Language
EN
Torts Personal Injury Negligence Motor Vehicle Collision Damages Liability Contributory Negligence Quantum +5 more

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Parties

Singh Inderjeet

Plaintiff

Ho Chun Bong

1st Defendant

Ng Kit Yee, Kitty

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment

Legal Issues

  1. 1 Whether the truck driver was negligent in overtaking and causing the plaintiff to lose control
  2. 2 Whether the plaintiff contributed to his injury by veering into the outside lane
  3. 3 Apportionment of liability and assessment of contributory negligence

Ratio Decidendi

On the balance of probabilities the truck was travelling too fast and failed to take sufficient care when overtaking; the plaintiff also veered right and checked too late, contributing to loss of control. Liability was apportioned 75% to the defendant and 25% to the plaintiff; damages were assessed combining physical and psychiatric injuries and pecuniary losses resulting in a net award of HKD 620,650 plus interest and costs.

Court Disposition

Judgment for the plaintiff in the sum of HKD 620,650 plus interest and costs; interest on general damages from 15 November 2007 and on special damages from 31 October 2004; costs and interest to be agreed on nisi basis

Orders

  • Judgment for the plaintiff for HKD 620,650
  • Interest on general damages from 15 November 2007