27 Mar 1985
CHEUNG YUK HING v. MAK HOI MING AND OTHERS
- Citation
- CHEUNG YUK HING v. MAK HOI MING AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA4881/1981
The 2nd defendant was wholly responsible for the accident (negligent overtaking); the presumption of owner liability was rebutted by evidence that the 1st defendant regularly hired out the vehicle and exercised no control, so the 1st defendant is not liable; damages were assessed for each plaintiff as set out; the third party insurer must indemnify the 2nd defendant for awards and costs; costs allocated with the plaintiffs entitled to costs against the 2nd defendant and the 1st defendant entitled to half his costs against the plaintiffs.