Hong Kong Case Law: Decisions & Judgments

Topic

Motor vehicle accident

Legal area

Court

3 Feb 2023

LEETEX ENTERPRISE LTD v. IP KWOK HUNG

Citation

[2023] HKDC 152
Court

District Court
Case number

DCCJ1879/2018

On the balance of probabilities the court accepted the motor survey and ancillary evidence that repair costs would exceed pre-accident market value; the vehicle was a total loss so the appropriate measure was market value less scrap proceeds (HK$260,000 less HK$110,000 = HK$150,000). The court awarded that sum plus proved towing, motor survey and handling fees, but disallowed vehicle registration search and police photocopying as special damages (these are recoverable as costs). Interest and party-and-party costs were ordered.
7 Jun 2018

CHAN CHO TAK v. NG SHING LEUNG AND ANOTHER

Citation

[2018] HKCFI 1284
Court

Court of First Instance
Case number

HCPI491/2015

On the balance of probabilities the court found Ng was an employee acting within the scope of his employment based on his police statement, admissions by Haobang's manager and contract terms; Haobang therefore vicariously liable for Ng's negligence; contributory negligence not established; damages assessed and awarded accordingly.
19 Dec 2011

CHONG NGAN SENG v. CHINA HARBOUR ENGINEERING CO LTD AND OTHERS

Citation

CHONG NGAN SENG v. CHINA HARBOUR ENGINEERING CO LTD AND OTHERS
Court

District Court
Case number

DCPI2078/2009

The driver D2 was negligent and, on the balance of probabilities, was acting as agent/servant for D1 and D3 (and in the course of duties for D4 as subcontractor) because the owner D1 authorised the use of the LGV for the subcontract works and it was within D1 and D3's knowledge and expectation that the vehicle and its drivers would be used for those tasks; accordingly D1 and D3 are vicariously liable (as is D4), the Plaintiff was not contributorily negligent, D1's subcontract indemnity against D3 cannot apply where D1 is itself the employer/party entitled to the indemnity under the proviso, a…
22 May 1997

CHING KIN SANG v. GALLUCK INTERNATIONAL LTD. and Others

Citation

CHING KIN SANG v. GALLUCK INTERNATIONAL LTD. and Others
Court

Court of First Instance
Case number

HCA8225/1994

The 2nd defendant was negligent in crossing into the plaintiff's lane and caused the accident; the plaintiff was not contributorily negligent; the arrangement between 1st and 2nd was that of an independent contractor so 1st is not vicariously liable; evidence (including the 2nd defendant's interview and surrounding facts) established that the 2nd defendant was acting as an employee of the 3rd defendant and was driving in the course of that employment, making the 3rd vicariously liable; damages of $706,050 were reasonable and awarded with interest.
18 Dec 1987

HONG YAU KAI v. CHAN CHOI SHUN AND ANOTHER

Citation

HONG YAU KAI v. CHAN CHOI SHUN AND ANOTHER
Court

Court of First Instance
Case number

HCA2172/1985

Defendants failed to prove on the balance of probabilities that the plaintiff's non‑use of a seat belt contributed to or mitigated his head injury; medical and factual evidence supported that the accident caused the plaintiff's anosmia, memory loss and diminished earning capacity, and damages were awarded accordingly totalling $205,535 (HKD), with costs reserved.
14 Mar 1986

FUNG YIU v. CHEUNG SIU PING

Citation

FUNG YIU v. CHEUNG SIU PING
Court

Court of First Instance
Case number

HCA3466/1985

Liability having been determined by interlocutory judgment, the court quantified damages on the evidence: past earnings $51,200; future earnings $81,600 using multiplicand/multiplier method; general damages $160,000 benchmarked to Lee Ting Lam with inflation adjustment; loss of expectation of life awarded pro rata at $5,000; no award for spousal supervision because duties were not sufficiently onerous and wife is likely to survive claimant; special damages for medical, travel and nourishment and property damage allowed; interest applied at 2% on general damages and 3.8% on special damages; co…
28 Feb 1984

CHOI CHI MING v. PAU KWONG HON

Citation

CHOI CHI MING v. PAU KWONG HON
Court

Court of Appeal
Case number

CACV132/1983

Both parties were found negligent on the facts but the appellate court held there was insufficient basis to attribute greater negligence to either party and ordered equal apportionment of liability (50% each) following Baker v Market Harborough.
24 Feb 1981

YAU FUNG LIN v. CHAN YAT SUN AND OTHERS

Citation

YAU FUNG LIN v. CHAN YAT SUN AND OTHERS
Court

Court of First Instance
Case number

HCA1536/1980

On the evidence the car driver (2nd defendant) was primarily negligent and caused the accident through excessive speed and loss of control (80%); the bus driver (4th defendant) bore secondary responsibility for being insufficiently close to his side of the road (20%); the bus driver's magistrates' conviction was not overturned and was given weight; judgment entered for plaintiff for $173,800 with apportionment 80% to 1st/2nd defendants and 20% to 3rd/4th defendants.
20 Jun 1977

HEIDI LEE YIN FONG AND ANOTHER v. TSANG KWONG HOI AND OTHERS

Citation

HEIDI LEE YIN FONG AND ANOTHER v. TSANG KWONG HOI AND OTHERS
Court

Court of First Instance
Case number

HCA1621/1975

Liability having been established by interlocutory judgment, the court awarded the 1st plaintiff general damages of HK$25,000 and agreed special damages of HK$29,459 with interest (general at 8% from 10 July 1975; special at 4% from date of accident), and the 2nd plaintiff general damages of HK$40,000 and agreed special damages of HK$31,680 with the same interest treatment; costs to plaintiffs with certificate for counsel; 1st and 2nd third parties ordered to indemnify the defendants to the extent of one-third of the damages assessed.