Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Third‑party indemnity/contribution
  • 3 Aug 1983

    MADAM KO SO YEE v. MISS CHAN SION CHUN AND OTHERS

    Citation
    MADAM KO SO YEE v. MISS CHAN SION CHUN AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA9666/1982

    On the balance of probabilities the court preferred the taxi driver’s account and found (1) the Mercedes driver’s emergency swerve and braking were reasonable responses to an imminent collision with a cyclist and were not negligent; (2) the taxi driver was not negligent having reacted to the same emergency and stopped safely; (3) the driver of Vehicle 3 (4th Defendant) was negligent (careless driving conviction supported this) and his collision with Vehicle 2 caused the resultant damage to Vehicles 1 and 2, so liability lies with the 3rd and 4th Defendants to both Plaintiff and 1st/2nd Defend…