SUKHDEEP SINGH v. CHOW KIN HUNG AND ANOTHER

SUKHDEEP SINGH v. CHOW KIN HUNG AND ANOTHER

On the balance of probabilities the court was not satisfied that the taxi veered into the second lane; the evidence (police sketch, damage pattern, witness credibility and circumstances) showed it was at least as likely and more probable that the motorcyclist veered or turned right into the taxi, and thus the motorcyclist's negligent manoeuvre caused the accident, leading to dismissal of the plaintiff's claim against the 1st Defendant.

Citation
SUKHDEEP SINGH v. CHOW KIN HUNG AND ANOTHER
Parties
Plaintiff: sukhdeep-singh; 1st Defendant: CHOW KIN HUNG; 2nd Defendant: HANG ON MOTORS COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 September 2011
Case Number
HCPI202/2010
Procedural Posture
Personal Injuries / Judgment (court of First Instance)
Outcome
Claim dismissed against the 1st Defendant; liability not established
Legal Topics
Liability, Damages, Pain and Suffering, Loss of Earning Capacity, Evidence and Witness Credibility
Source Language
EN
Tort Personal Injury Negligence Road Traffic Law Liability Damages Pain and Suffering Loss of Earning Capacity +1 more

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Parties

sukhdeep-singh

Plaintiff

CHOW KIN HUNG

1st Defendant

HANG ON MOTORS COMPANY LIMITED

2nd Defendant

Procedural Posture

Personal Injuries / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the accident was caused by the negligence of the 1st Defendant or the Plaintiff
  2. 2 Assessment of damages including PSLA and loss of earning capacity if liability established

Ratio Decidendi

On the balance of probabilities the court was not satisfied that the taxi veered into the second lane; the evidence (police sketch, damage pattern, witness credibility and circumstances) showed it was at least as likely and more probable that the motorcyclist veered or turned right into the taxi, and thus the motorcyclist's negligent manoeuvre caused the accident, leading to dismissal of the plaintiff's claim against the 1st Defendant.

Court Disposition

Claim dismissed against the 1st Defendant; liability not established

Orders

  • The plaintiff's claims against the 1st Defendant are dismissed.
  • Costs of the action between the plaintiff and the 1st Defendant are to be paid by the plaintiff, to be taxed if not agreed, with certificate for counsel.