YIP WAN CHUN v. JIM HON TAK AND OTHERS

YIP WAN CHUN v. JIM HON TAK AND OTHERS

The court found the 1st defendant negligent for reversing an excessive distance without taking proper precautions, held on the balance of probabilities that the plaintiff's deafness was caused by the accident, apportioned liability 80% to the 1st defendant (and 3rd defendant employer) and 20% to the plaintiff, and...

Source-derived case information.

Citation
YIP WAN CHUN v. JIM HON TAK AND OTHERS
Parties
Plaintiff: Yip Wan Chun; 1st Defendant: Jim Hon Tak; 2nd Defendant: Mak Wai Kwan; 3rd Defendant: Tak Ring Company (a firm)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 March 1985
Case Number
HCA11640/1982
Procedural Posture
Personal Injury Road Traffic Accident (negligence) / Judgment (high Court)
Outcome
Judgment for the Plaintiff against the 1st and 3rd Defendants; claim against the 2nd Defendant dismissed.
Legal Topics
Negligence, Contributory Negligence, Apportionment, Causation, Quantum of Damages
Source Language
en
Tort Personal Injury Motor Vehicle Law Negligence Contributory Negligence Apportionment Causation Quantum of Damages

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Summary, issues, holding and outcome

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Parties

Yip Wan Chun

Plaintiff

Jim Hon Tak

1st Defendant

Mak Wai Kwan

2nd Defendant

Tak Ring Company (a firm)

3rd Defendant

Procedural Posture

Personal Injury Road Traffic Accident (negligence) / Judgment (high Court)

Legal Issues

  1. 1 Whether the driver was negligent in reversing the lorry and breaching duty of care
  2. 2 Whether the plaintiff's deafness and other injuries were caused by the accident
  3. 3 Apportionment of liability between plaintiff and defendant

Ratio Decidendi

The court found the 1st defendant negligent for reversing an excessive distance without taking proper precautions, held on the balance of probabilities that the plaintiff's deafness was caused by the accident, apportioned liability 80% to the 1st defendant (and 3rd defendant employer) and 20% to the plaintiff, and awarded damages totaling HKD 242,895 with interest and costs.

Court Disposition

Judgment for the Plaintiff against the 1st and 3rd Defendants; claim against the 2nd Defendant dismissed.

Orders

  • Judgment for the Plaintiff against the 1st and 3rd Defendants in the sum of HKD 242,895.00 together with costs
  • Liability apportioned 80% to the 1st Defendant/3rd Defendant and 20% to the Plaintiff