LAM SAU KEE v. LAM YING CHUEN AND OTHERS

LAM SAU KEE v. LAM YING CHUEN AND OTHERS

On the balance of probabilities the 1st defendant entered the junction against the traffic signal and failed to keep a proper lookout; the 3rd defendant entered the junction lawfully on a green arrow and did all he could to avoid the collision; the 1st defendant was solely negligent and, because he was using the motorcycle for his own purposes, the 2nd defendant is not vicariously liable.

Citation
LAM SAU KEE v. LAM YING CHUEN AND OTHERS
Parties
Plaintiff (administrator of Estate of Lam Ying Wai, Deceased): LAM SAU KEE alias LAM SAU KI; 1st Defendant (motorcycle Driver): LAM YING CHUEN; 2nd Defendant (registered Owner of Motorcycle): HO PAK CHEUNG; 3rd Defendant (driver of Rover): TAM WING KEE; 4th Defendant (registered Owner of Rover): WINDSOR ASSOCIATION LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 November 1988
Case Number
HCA2936/1986
Procedural Posture
Action for Damages in Negligence Under LARCO and FAO (road Traffic Wrongful Death) / Liability Tried Separately; Judgment on Liability Delivered; Quantum Reserved
Outcome
Judgment for plaintiff against 1st defendant; action against 2nd, 3rd and 4th defendants dismissed.
Legal Topics
Traffic Lights at Junctions, Junction Collision Causation, Duty to Keep Proper Lookout, Servant/agent (vicarious Liability), Credibility of Witnesses, Allocation of Liability
Source Language
EN
Tort Negligence Road Traffic Law Vicarious Liability Evidence Traffic Lights at Junctions Junction Collision Causation Duty to Keep Proper Lookout +3 more

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Parties

LAM SAU KEE alias LAM SAU KI

Plaintiff (administrator of Estate of Lam Ying Wai, Deceased)

LAM YING CHUEN

1st Defendant (motorcycle Driver)

HO PAK CHEUNG

2nd Defendant (registered Owner of Motorcycle)

TAM WING KEE

3rd Defendant (driver of Rover)

WINDSOR ASSOCIATION LIMITED

4th Defendant (registered Owner of Rover)

Procedural Posture

Action for Damages in Negligence Under LARCO and FAO (road Traffic Wrongful Death) / Liability Tried Separately; Judgment on Liability Delivered; Quantum Reserved

Legal Issues

  1. 1 Whether the 1st defendant was negligent in entering junction against signal
  2. 2 Whether the 3rd defendant contributed to or caused the collision
  3. 3 Whether the 1st defendant was acting as servant/agent of the 2nd defendant (vicarious liability)

Ratio Decidendi

On the balance of probabilities the 1st defendant entered the junction against the traffic signal and failed to keep a proper lookout; the 3rd defendant entered the junction lawfully on a green arrow and did all he could to avoid the collision; the 1st defendant was solely negligent and, because he was using the motorcycle for his own purposes, the 2nd defendant is not vicariously liable.

Court Disposition

Judgment for plaintiff against 1st defendant; action against 2nd, 3rd and 4th defendants dismissed.

Orders

  • Judgment entered against 1st defendant (Lam Ying Chuen) for liability; action against other defendants dismissed
  • Quantum of damages to be assessed against the 1st defendant