Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Concurrent tortfeasors

Legal area

Court

17 Jul 2007

TSE NGAN HEUNG v. THE RITZ-CARLTON LTD AND OTHERS

Citation

TSE NGAN HEUNG v. THE RITZ-CARLTON LTD AND OTHERS
Court

Court of Appeal
Case number

CACV312/2006

The appeal was dismissed because once the plaintiffs' judgments were satisfied the plaintiffs' causes of action were extinguished and therefore Ming An, as assignee, could not pursue an assessment of damages against the Hotel; Ming An should have pursued a restitutionary claim to be made whole and, in any event, the post-judgment interest paid appeared to be self-induced and not recoverable.
11 Nov 1998

LUI KWAN SHING v. CHAN PUI SHAN, PATSY and CHENG YUK KIU (Third party)

Citation

LUI KWAN SHING v. CHAN PUI SHAN, PATSY and CHENG YUK KIU (Third party)
Court

Court of First Instance
Case number

HCPI490/1997

The alleged facts disclose a viable claim in contribution because the third party may be a concurrent tortfeasor causing the same or indivisible damage, and alternatively the defendant may be initially liable for the whole damage because the situation created by her act led to subsequent collision; accordingly the third party Statement of Claim was not properly struck out and the appeal must be dismissed.