Derrick v Cheung

The appeal concerned a negligence claim brought by an infant, the respondent, against a motorist, the appellant, for injuries sustained when the infant ran into the path of the appellant's vehicle. The primary judge found the appellant liable, holding that although her speed was below the speed limit and she reacted appropriately, a collision might have been avoided had she been travelling at a lesser speed. The Court of Appeal dismissed the appellant's appeal, with a dissenting judgment.

The High Court was required to determine whether the Court of Appeal erred in affirming the trial judge's finding of negligence. Specifically, the Court considered whether the appellant was travelling at an excessive speed in the circumstances, given that the infant darted into the road from between parked cars, and whether the trial judge's assessment of the appellant's duty of care was correct.

The High Court allowed the appeal, setting aside the orders of the Court of Appeal and the District Court, and entering judgment for the appellant. The Court reasoned that the trial judge's finding of negligence was not supported by the evidence. The appellant was driving at a speed of 40-50 kilometres per hour, which was below the 60 kilometre per hour speed limit and consistent with the general flow of traffic. The infant emerged suddenly from between parked cars, and there was no indication that the appellant's reactions were slow. The Court held that the trial judge erred in concluding that the appellant should have foreseen the possibility of a child darting into the road and that her speed, while not ideal for avoiding such an unpredictable event, was not negligent in the circumstances. The Court emphasised that drivers are not expected to guard against every conceivable risk, particularly when travelling at a reasonable speed and in conformity with traffic conditions.