TSANG HIN CHEUNG v. NG KIT YEUNG AND ANOTHER

TSANG HIN CHEUNG v. NG KIT YEUNG AND ANOTHER

Judge found on balance that the 2nd Defendant was travelling at not less than 80 km/h (above the 50 km/h limit) but that the Plaintiff bore the greater responsibility for attempting a hazardous U-turn without properly ascertaining the speed and right of way of oncoming traffic; liability was apportioned two-thirds to the Plaintiff and one-third to the Defendants; damages were assessed at HK$460,600 with the Defendants liable for one-third, interest awarded and costs ordered nisi.

Citation
TSANG HIN CHEUNG v. NG KIT YEUNG AND ANOTHER
Parties
Plaintiff: Tsang Hin Cheung; 1st Defendant: Ng Kit Yeung; 2nd Defendant: Lo Kai Yip
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 January 2005
Case Number
HCPI956/2003
Procedural Posture
Personal Injuries Motor Vehicle Collision / Judgment (court of First Instance)
Outcome
Plaintiff's claim allowed in part; liability apportioned two-thirds to Plaintiff and one-third to Defendants; damages assessed and awarded subject to apportionment; interest and costs ordered nisi.
Legal Topics
Liability Apportionment, Careless Driving, Damages Assessment, Contributory Negligence, Causation
Source Language
EN
Tort Negligence Personal Injury Motor Vehicle Law Liability Apportionment Careless Driving Damages Assessment Contributory Negligence +1 more

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Parties

Tsang Hin Cheung

Plaintiff

Ng Kit Yeung

1st Defendant

Lo Kai Yip

2nd Defendant

Procedural Posture

Personal Injuries Motor Vehicle Collision / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the 2nd Defendant was negligent in speed and attention
  2. 2 Whether the Plaintiff's U-turn constituted contributory negligence
  3. 3 Proper apportionment of liability between parties

Ratio Decidendi

Judge found on balance that the 2nd Defendant was travelling at not less than 80 km/h (above the 50 km/h limit) but that the Plaintiff bore the greater responsibility for attempting a hazardous U-turn without properly ascertaining the speed and right of way of oncoming traffic; liability was apportioned two-thirds to the Plaintiff and one-third to the Defendants; damages were assessed at HK$460,600 with the Defendants liable for one-third, interest awarded and costs ordered nisi.

Court Disposition

Plaintiff's claim allowed in part; liability apportioned two-thirds to Plaintiff and one-third to Defendants; damages assessed and awarded subject to apportionment; interest and costs ordered nisi.

Orders

  • Damages assessed at HK$460,600 to the Plaintiff; Defendants liable for one-third (HK$153,533.33) of that sum
  • Interest on general damages awarded at 2% per annum from date of writ to date of judgment