Hong Kong Case Law: Decisions & Judgments

Topic

Civil liability (contribution) ordinance

Legal area

Court

10 Jun 2022

CHEUNG SANG YU, a minor suing by YIU LEE PING, his next friend 對 DR. YEUNG MAN SHUN

Citation

[2022] HKDC 571
Court

District Court
Case number

DCPI5/2020

The court struck out the third-party proceedings because the third-party notice failed to disclose a legally tenable cause against the parents (it relied on a duty to secure 'optimal treatment' which the law does not impose), the alleged parental acts/omissions did not involve the 'same damage' as the defendant's negligence so contribution under Cap.377 was inapplicable, and the defendant had unduly delayed issuing the third-party notice causing real prejudice, potential conflict of interest and likely delay to the minor's trial; on that factual and legal basis the exercise of judicial discre…
25 Aug 2004

WONG LEUNG CHI v. LUEN FAT CIVIL ENGINEERING LTD AND ANOTHER

Citation

WONG LEUNG CHI v. LUEN FAT CIVIL ENGINEERING LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI975/2002

Court found primary responsibility with Yiu Wing (and Luen Fat jointly) for constructing and permitting use of an unsafe canopy and Trifairco liable for designing an operating system that required use of the canopy without ensuring safety; apportioned responsibility 75% to Luen Fat and Yiu Wing and 25% to Trifairco; awarded plaintiff damages totalling HK$1,567,986 and allowed $12,000 for recommended private treatment while applying mitigation principles to loss of earnings.
13 Mar 1987

CHU KEUNG FAI AND ANOTHER v. SUCCESS INSURANCE LIMITED AND OTHERS

Citation

CHU KEUNG FAI AND ANOTHER v. SUCCESS INSURANCE LIMITED AND OTHERS
Court

Court of First Instance
Case number

HCA4517/1981

Because the plaintiffs' causes of action against the 2nd and 3rd defendants were separate and distinct and were not pleaded in the alternative, Bullock/Sanderson orders were inappropriate; accordingly the 2nd defendant must pay the plaintiffs' costs incurred against it, the plaintiffs must pay the 1st and 3rd defendants' costs, and no order is made as to costs in the third party proceedings.

Hong Kong Case Law

CHEUNG SANG YU, a minor suing by YIU LEE PING, his next friend 對 DR. YEUNG MAN SHUN

WONG LEUNG CHI v. LUEN FAT CIVIL ENGINEERING LTD AND ANOTHER

CHU KEUNG FAI AND ANOTHER v. SUCCESS INSURANCE LIMITED AND OTHERS