HUSSAIN BASHARAT v. 曾慶裕 AND ANOTHER

HUSSAIN BASHARAT v. 曾慶裕 AND ANOTHER

Court accepted evidence that the 2nd defendant leased the mini bus to the 1st defendant who operated his own business; the 1st defendant was neither employee nor agent of the 2nd defendant, so the 2nd defendant was not vicariously liable. The plaintiff was not contributory negligent. Damages awarded against the 1st defendant: PSLA $100,000 and special damages $220, with interest and costs orders as set out.

Citation
HUSSAIN BASHARAT v. 曾慶裕 AND ANOTHER
Parties
2nd Defendant: Tsang Kwok Keung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 June 2015
Case Number
DCPI508/2012
Procedural Posture
Personal Injury (motor Vehicle) / Trial Judgment (assessment of Damages)
Outcome
Judgment for plaintiff against 1st defendant on liability and damages; 2nd defendant dismissed from liability
Legal Topics
Vicarious Liability, Contributory Negligence, Quantum of Damages, Vehicle Leasing/operation
Source Language
EN
Tort Negligence Vicarious Liability Damages Contributory Negligence Quantum of Damages Vehicle Leasing/operation

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Parties

Tsang Kwok Keung

2nd Defendant

Procedural Posture

Personal Injury (motor Vehicle) / Trial Judgment (assessment of Damages)

Legal Issues

  1. 1 Whether the registered owner (2nd defendant) was vicariously liable for the negligent driving of the 1st defendant
  2. 2 Whether the plaintiff was contributorily negligent
  3. 3 Quantum of damages payable to the plaintiff

Ratio Decidendi

Court accepted evidence that the 2nd defendant leased the mini bus to the 1st defendant who operated his own business; the 1st defendant was neither employee nor agent of the 2nd defendant, so the 2nd defendant was not vicariously liable. The plaintiff was not contributory negligent. Damages awarded against the 1st defendant: PSLA $100,000 and special damages $220, with interest and costs orders as set out.

Court Disposition

Judgment for plaintiff against 1st defendant on liability and damages; 2nd defendant dismissed from liability

Orders

  • Damages against 1st defendant: general damages (PSLA) HK$100,000 and special damages HK$220 (total HK$100,220)
  • Interest on general damages at 2% per annum from date of writ to date of assessment