Hong Kong Case Law: Decisions & Judgments

Topic

Novus actus interveniens

Legal area

Court

30 Jul 2025

IP KIT LEUNG v. CHAN SZE LAM trading as WANG CHUN ENVIRONMENTAL PROTECTION DEVELOPMENT COMPANY

Citation

[2025] HKDC 1253
Court

District Court
Case number

DCPI732/2022

Plaintiff's own unreasonable actions — driving backwards toward a pit and voluntarily jumping from the excavator despite having a mobile phone and alternatives — were the single effective cause of his injuries; defendant was not negligent; action dismissed and plaintiff liable for defendant's costs on a full indemnity basis.
7 Dec 2022

YINGGAO RESOURCES LTD AND ANOTHER v. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD

Citation

[2022] HKCFI 3597
Court

Court of First Instance
Case number

HCA329/2015

The appeal succeeds because the proposed amendment (Para 49) is bound to fail: causation is broken as the plaintiffs, having known the accounts were frozen and the reasons, entered into a Supplemental Agreement and a complex financing arrangement which constituted a novus actus interveniens; further the alleged losses are too remote as they arise from a highly unusual special arrangement not within the bank's contemplation or assumed responsibility; accordingly leave to amend was refused and the order below set aside.
28 Feb 2019

LAM SHUN SHING v. 王仁鋤 AND OTHERS

Citation

[2019] HKCFI 489
Court

Court of First Instance
Case number

HCPI89/2014

The court found that the 1st defendant breached the implied term to provide safe equipment and was negligent in relation to the ladder; the plaintiff had some responsibility for the accident (contributory negligence) because water on the floor from his work contributed to the ladder collapse; the record entry about a fall from bed was likely a miscommunication and did not amount to a novus actus interveniens; accordingly liability for the accident remains but damages are to be reduced for contributory fault.
7 Jul 2017

DAVID JOHN SLATER v. COMMISSIONER OF POLICE

Citation

DAVID JOHN SLATER v. COMMISSIONER OF POLICE
Court

Court of First Instance
Case number

HCPI646/2012

Judge accepted joint orthopaedic experts that plaintiff suffered L5/S1 disc extrusion with ongoing risk but was fit for managerial office duties from July 2012; awarded PSLA at claimed level ($250,000) but rejected most claims for loss of full-time earnings and fringe benefits after mutual termination because termination was voluntary and not caused by the injury; awarded MPNCC allowance loss only for the period to mutual termination, accepted defendant's concession of $80,000 for loss of earning capacity, set off employees' compensation of $99,072 and awarded interest and costs orders nisi.
23 Sept 2015

WAI CHUN INCORPORATION LTD AND ANOTHER v. 羅民基

Citation

WAI CHUN INCORPORATION LTD AND ANOTHER v. 羅民基
Court

District Court
Case number

DCCJ1980/2012

The court held the defendant owed a duty of care to both the employer (1st plaintiff) and to the car owner (2nd plaintiff); there was no bailment relationship. The plaintiffs failed to prove loss of the first car was caused by the defendant but proved breach of duty in respect of the second car where the defendant left the key unattended, causally contributing to its loss. Theft by third parties did not break the chain of causation because theft was a foreseeable consequence of negligent loss or insecure custody of keys. Damages awarded were limited to proven loss (cost of new security and ke…
14 Nov 2014

JENNY FUNG BY HER FATHER AND NEXT FRIEND FUNG WAI HUNG ALEXANDER v. BELAIR GARDEN MANAGEMENT CO LTD AND OTHERS

Citation

JENNY FUNG BY HER FATHER AND NEXT FRIEND FUNG WAI HUNG ALEXANDER v. BELAIR GARDEN MANAGEMENT CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI307/2010

At interlocutory stage the Impugned Parts were arguably relevant to issues of causation and quantum and therefore leave to serve the Mother's supplemental witness statement was granted; it was premature to exclude the material because defendants may properly plead causation/remoteness and the court will determine admissibility and weight at trial.
21 Jul 2011

HO KA YIN v. EXPRESS SECURITY LTD

Citation

HO KA YIN v. EXPRESS SECURITY LTD
Court

Court of First Instance
Case number

HCPI344/2008

Court held defendant owed a duty of care to users of its wheelchair lift including responsibility for safe entry and egress; defendant breached that duty by instructing plaintiff to exit when the ramp was not fully lowered causing an obstruction and the first accident; plaintiff was not contributorily negligent; res ipsa loquitur would alternatively establish liability; defendant not liable for second accident because the immediate cause was the seatbelt failure which constituted a novus actus breaking the chain of causation; damages for first accident assessed (PSLA HK$520,000 discounted 20%…
29 Apr 2009

KWOK YUEN YING v. THE HONG KONG JOCKEY CLUB

Citation

KWOK YUEN YING v. THE HONG KONG JOCKEY CLUB
Court

Court of First Instance
Case number

HCPI495/2008

The strike-out application was dismissed because the defendant subsequently obtained substantial expert evidence and medical records that provided a cogent basis for pleading novus actus interveniens in paragraph 14, making the paragraph sustainable; the defendant was ordered to answer the request for further and better particulars within 14 days and specified costs orders were made reflecting the parties' conduct and the timing of disclosure.
27 Mar 2009

KEUNG SHING v. WONG WOON CHAU AND ANOTHER

Citation

KEUNG SHING v. WONG WOON CHAU AND ANOTHER
Court

Court of First Instance
Case number

HCPI284/2008

The court ordered that the liability issue in the 2nd Action (against the Hospital Authority) be split from quantum and determined first; immediate consolidation of all three actions is not appropriate while the 2nd Action's liability remains undecided. If the Hospital Authority is found liable, the three actions will be consolidated for assessment of damages and contribution; if not, the 1st and 3rd Actions will be consolidated for assessment.
27 Mar 2009

KEUNG SHING v. TANG LIM KWONG

Citation

KEUNG SHING v. TANG LIM KWONG
Court

Court of First Instance
Case number

HCPI172/2002

The court ordered that the issue of liability in the 2nd Action be split from quantum and determined first; consolidation of all three actions is deferred and made conditional — if the Hospital Authority is found liable the three actions will be consolidated for assessment of damages and contribution, if not liable the 1st and 3rd Actions will be consolidated for assessment and contribution.