YUEN HING MAY, MAY LILLIAN v. KAN CHIU MING & ANOTHER

YUEN HING MAY, MAY LILLIAN v. KAN CHIU MING & ANOTHER

Plaintiff was found credible and acted reasonably in slowing and stopping to allow a bus to merge; 1st Defendant was an unreliable witness and failed to maintain a safe distance or take precautions to stop, and thus was negligent; Plaintiff was not contributorily negligent; damages awarded for proven repair, travel/medical and surveyor fees with interest from date of writ and costs to Plaintiff (order nisi).

Citation
YUEN HING MAY, MAY LILLIAN v. KAN CHIU MING & ANOTHER
Parties
Plaintiff: YUEN Hing May (May Lillian); 1st Defendant: KAN Chiu Ming; 2nd Defendant: WAN Kam Ngan
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 February 2002
Case Number
DCCJ9137/2000
Procedural Posture
Civil Action (district Court) / Judgment Delivered
Outcome
Judgment for Plaintiff against 1st Defendant
Legal Topics
Rear End Collision, Careless Driving Conviction, Contributory Negligence, Assessment of Damages, Interest and Costs
Source Language
EN
Tort Negligence Road Traffic Accident Damages Rear End Collision Careless Driving Conviction Contributory Negligence Assessment of Damages +1 more

Case Brief

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Parties

YUEN Hing May (May Lillian)

Plaintiff

KAN Chiu Ming

1st Defendant

WAN Kam Ngan

2nd Defendant

Procedural Posture

Civil Action (district Court) / Judgment Delivered

Legal Issues

  1. 1 Whether the 1st Defendant was negligent in causing the rear‑end collision
  2. 2 Whether the Plaintiff was contributorily negligent
  3. 3 Proper assessment of damages (repair cost, loss of use, medical and surveyor fees)

Ratio Decidendi

Plaintiff was found credible and acted reasonably in slowing and stopping to allow a bus to merge; 1st Defendant was an unreliable witness and failed to maintain a safe distance or take precautions to stop, and thus was negligent; Plaintiff was not contributorily negligent; damages awarded for proven repair, travel/medical and surveyor fees with interest from date of writ and costs to Plaintiff (order nisi).

Court Disposition

Judgment for Plaintiff against 1st Defendant

Orders

  • 1st Defendant to pay Plaintiff damages consisting of repair costs HK$52,863.60, travel and medical expenses HK$4,400.00 and surveyor's fee HK$650.00 (total HK$57,913.60).
  • Interest awarded on the judgment sums from date of writ until date of judgment at 8.72% per annum and thereafter at the judgment rate until payment.