WAN SHUI YEE v. WONG YING TAK AND ANOTHER

WAN SHUI YEE v. WONG YING TAK AND ANOTHER

The first defendant's guilty plea under s.62 created a presumption of negligence which he failed to rebut on the totality of the evidence; he was negligent for failing to keep proper lookout and/or driving too fast in the lighting conditions and thus solely liable for the accident; the plaintiff was not...

Source-derived case information.

Citation
WAN SHUI YEE v. WONG YING TAK AND ANOTHER
Parties
Plaintiff: Wan Shui Yee; 1st Defendant: Wong Ying Tak; 2nd Defendant: Hwang Jing Min Jimmy
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 April 1982
Case Number
HCA6920/1980
Procedural Posture
Personal Injury Negligence (road Traffic) / Trial Judgment (high Court, 22 April 1982)
Outcome
Judgment for the plaintiff against the defendants; first defendant (driver) held negligent and liable; judgment sum awarded as stated below.
Legal Topics
Negligence, Contributory Negligence, Effect of Guilty Plea, Standard of Care, Assessment of Damages, Burden of Proof
Source Language
en
Tort Personal Injury Road Traffic Evidence Negligence Contributory Negligence Effect of Guilty Plea Standard of Care +2 more

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Parties

Wan Shui Yee

Plaintiff

Wong Ying Tak

1st Defendant

Hwang Jing Min Jimmy

2nd Defendant

Procedural Posture

Personal Injury Negligence (road Traffic) / Trial Judgment (high Court, 22 April 1982)

Legal Issues

  1. 1 Whether the first defendant was negligent in driving and caused the collision
  2. 2 Whether the first defendant's guilty plea to careless driving gives rise to a statutory presumption of negligence and whether it was rebutted
  3. 3 Whether the plaintiff was guilty of contributory negligence

Ratio Decidendi

The first defendant's guilty plea under s.62 created a presumption of negligence which he failed to rebut on the totality of the evidence; he was negligent for failing to keep proper lookout and/or driving too fast in the lighting conditions and thus solely liable for the accident; the plaintiff was not contributorily negligent; damages were assessed accordingly.

Court Disposition

Judgment for the plaintiff against the defendants; first defendant (driver) held negligent and liable; judgment sum awarded as stated below.

Orders

  • Judgment for plaintiff Wan Shui Yee against the defendants in the sum of $119,830
  • Special damages awarded totalling $30,380 (including $500 for special food, $50 for watch, $660 and $1,270 agreed items, travelling/hospital expenses awarded $4,000, past loss of earnings to date $24,350)