Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Roadworks safety

Legal area

Court

3 Aug 2017

WONG MAN KIN v. SECRETARY FOR JUSTICE (for and on behalf of the Director of Highways) AND ANOTHER

Citation

WONG MAN KIN v. SECRETARY FOR JUSTICE (for and on behalf of the Director of Highways) AND ANOTHER
Court

Court of First Instance
Case number

HCPI947/2013

Leave to adduce the two experts was refused because the proposed expert opinions were unnecessary to resolve the disputed factual issues (the condition of the road could not be reliably opined upon from the available objective material and many issues were matters of common sense or primary fact for the court to decide); however, the court held it had jurisdiction under Order 38 r.44 to vary a prior consent order if sufficient cause and admissible expert evidence were shown.
4 Jul 1994

YEUNG SHUI SUN v. CHENG CHI KEUNG AND ANOTHER

Citation

YEUNG SHUI SUN v. CHENG CHI KEUNG AND ANOTHER
Court

Court of First Instance
Case number

HCA1103/1994

The court found on the balance of probabilities that the mud-roller was within the cordoned work site and did not protrude into the defendant's lane; the 1st Defendant misjudged the situation and, despite being on his proper side of the road, caused the roller to strike the plaintiff; the plaintiff was not contributorily negligent and is therefore entitled to judgment and the agreed damages amount (net award reflected as $400,000).