ZHENG BIAO v. KWOK WAI LUNG AND OTHERS

ZHENG BIAO v. KWOK WAI LUNG AND OTHERS

On the balance of probabilities the crane lorry EY 3981 struck the plaintiff; the driver was an authorised driver and was negligent; Maeda and Ryoden as occupiers/employer breached duties and are 15% liable with 85% liability attributed to the driver; New India is obliged to indemnify the owner under the terms of...

Source-derived case information.

Citation
ZHENG BIAO v. KWOK WAI LUNG AND OTHERS
Parties
Plaintiff: ZHENG BIAO; 1st Defendant: KWOK WAI LUNG; 2nd Defendant: RYODEN ENGINEERING COMPANY LIMITED; 3rd Defendant: MAEDA-KUMAGAI JOINT VENTURE (a firm); 4th Defendant: THE NEW INDIA ASSURANCE COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 June 2004
Case Number
HCPI115/2001
Procedural Posture
Personal Injuries Action (court of First Instance) / Judgment Delivered After Trial
Outcome
Judgment for the Plaintiff against the 1st, 2nd and 3rd Defendants for HK$947,627.72; New India found to be obliged to indemnify the owner under the policy; costs reserved (order nisi).
Legal Topics
Vicarious Liability, Apportionment of Liability, Third Party Motor Insurance Indemnity, Interpretation of Statutory Exemption for Construction Site Roads, Quantum of Damages, Loss of Earnings, Employee's Compensation Issues
Source Language
en
Personal Injury Tort Occupiers' Liability Employer's Liability Insurance Law Motor Vehicle Law Statutory Interpretation Vicarious Liability +6 more

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Parties

ZHENG BIAO

Plaintiff

KWOK WAI LUNG

1st Defendant

RYODEN ENGINEERING COMPANY LIMITED

2nd Defendant

MAEDA-KUMAGAI JOINT VENTURE (a firm)

3rd Defendant

THE NEW INDIA ASSURANCE COMPANY LIMITED

4th Defendant

Procedural Posture

Personal Injuries Action (court of First Instance) / Judgment Delivered After Trial

Legal Issues

  1. 1 identity of vehicle causing injury
  2. 2 whether driver was authorised and vehicle used for authorised purpose
  3. 3 negligence of driver

Ratio Decidendi

On the balance of probabilities the crane lorry EY 3981 struck the plaintiff; the driver was an authorised driver and was negligent; Maeda and Ryoden as occupiers/employer breached duties and are 15% liable with 85% liability attributed to the driver; New India is obliged to indemnify the owner under the terms of the issued policy notwithstanding the construction site exemption in Cap 272 because the policy is not limited and s6(2) binds the insurer to its terms; damages assessed and awarded to plaintiff in specified sum with interest and costs order nisi.

Court Disposition

Judgment for the Plaintiff against the 1st, 2nd and 3rd Defendants for HK$947,627.72; New India found to be obliged to indemnify the owner under the policy; costs reserved (order nisi).

Orders

  • Judgment for the Plaintiff against the 1st, 2nd and 3rd Defendants for HK$947,627.72 with interest as declared
  • Finding that The New India Assurance Company Limited is obliged to indemnify the owner (Kwok Wai Lung) under the policy issued