17 Jul 1992
SO FAT v. KEN ON CONCRETE CO. LTD.
- Citation
- SO FAT v. KEN ON CONCRETE CO. LTD.
- Court
- Court of Appeal
- Case number
- CACV193/1991
The Court of Appeal held that the trial judge erred as a matter of law in apportioning liability 50% where the evidence was equally consistent with the plaintiff's own failure to take care and with defendant's alleged negligence; where the evidential balance is even the plaintiff fails to prove the defendant's negligence and the claim must be dismissed. The appeal was allowed and judgment entered for the defendant.