24 Jul 2014
KWAN WING LEUNG v. FUNG CHI LEUNG AND ANOTHER
- Citation
- KWAN WING LEUNG v. FUNG CHI LEUNG AND ANOTHER
- Court
- District Court
- Case number
- DCPI2489/2013
Section 62(2) of the Evidence Ordinance meant D1 was taken to have committed careless driving unless he proved the contrary; D1 failed to rebut the conviction and his account was implausible (would require an impossible taxi speed), the Road Users' Code duty to give way was breached, D1 was negligent, D2 was vicariously liable, plaintiff was not contributorily negligent, and damages were assessed on evidence and comparable authorities resulting in an award of PSLA $120,000, loss of earnings (sick leave) $67,500 and special damages $8,747.