Hui Chiu, Gary v. Chan Mee Chi

DCCJ003753/2002

DCCJ3753/2002

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 3753 OF 2002

---------------------

-------------------

Coram: H.H. Judge Wong in Court

Date of Hearing: 27 August 2004

Date of Handing Down Judgment: 9 September 2004

-------------------

JUDGMENT

-------------------

The Claim and Counter Claim

1.The Plaintiff claims against the Defendant for damages to his private vehicle registration No. JG2766 arising out of collision with the Defendant's private vehicle registration No. HJ3762 on 17 September 2000. The Defendant counter claimed for damages arising out of the same incident.

Agreed Amount of Damages

2.It is agreed that the damage of the Plaintiff's vehicle is $140,236.70 and the damage of the Defendant's vehicle is $16,272.00.

The Issue

3.The only issue is who was to be blamed for the accident.

Plaintiff's Evidence

4.The Plaintiff on 17/9/2000 was driving his vehicle along San Tam Road towards Un Long. He followed a public light bus. When the public light bus stopped some 15-20 meter to an unnamed road to alight passenger, he saw at that time there was no oncoming traffic so he crossed to the other lane to over take the public light bus. After travelling for about 4 to 8 meter on the opposite lane the Defendant's vehicle suddenly emerged from the unnamed road. He immediately sound the horn, steered left and braked but the offside body of his vehicle still collided with the offside front of the Defendant's vehicle.

Defendant's Evidence

5.The Defendant said that she drove her car along the unnamed road intending to turn to the lane heading towards Sheung Shui. When she reached the T-junction she stopped her car along the dotted line. She looked to the right and then left she saw a public light bus stopped to alight passenger on the lane heading towards Un Long. There was no traffic on the lane heading to Sheung Shui. Behind the public light bus was the Plaintiff's vehicle. When she emerged to the lane heading to Sheung Shui about 1/2 way into that lane she saw the Plaintiff's vehicle suddenly swerved to the right into the lane heading towards Sheung Shui. She stopped her vehicle immediately but could not avoid a collision with the Plaintiff's vehicle when the Plaintiff horned and tried to swerve back to the lane heading towards Un Long.

Assessment of Liability

6.I find that both parties are equally to be blamed. That was a straight stretch of road. I find on balance that the Defendant has halted at the junction and the Plaintiff must have been able to see her vehicle. Since the Plaintiff was able to see her emerging from the junction he should have immediately slow down and take avoiding action. This I find the Plaintiff had failed to do. As a result the Plaintiff had the offside front and rear door penal seriously distorted and rear wheel disc distorted.

7.Equally the Defendant when she emerged from the T-junction she must have seen the Plaintiff's vehicle emerging from the other lane heading towards her and she had failed to observe that.

8.For reasons above I find the Plaintiff and the Defendant had each 50% contributed to the collision.

Quantum

9.In the premises I find the Defendant is liable to the Plaintiff in the sum of $[140,236.70 ÷ 2] = $70,118.35 and the Plaintiff is liable to the Defendant in the sum of $[16,272.00 ÷ 2] = $8,136.00.

10.I therefore give judgment for the Plaintiff in the sum of $70,118.35 with interests at 1% above prime p.a. from 17 September 2000 until judgment in respect of the Plaintiff's claim and $8,136.00 with interests at 1% above prime p.a. from 17 September 2000 until judgment in respect of the Defendant's counterclaim.

11.ORDER NISI : Costs to the Plaintiff in respect of the Plaintiff's claim and costs to the Defendant in respect of the Defendant's counterclaim. Certificate for counsel.

Representation:

Mr. Ng Chi Him, Edwin of Messrs. Hastings & Co. for Plaintiff.

Mr. Ng Pak Kin, Danny instructed by Messrs. Eric Yu & Co. for Defendant.