JUDGMENT

NH Chan JCA:

In this appeal, the facts are simple and not controverted. At the time in question one Mr Ng Seng Wah was standing beside the driver's door of his motor car AW 2255 which was parked on the nearside of the road. The deceased (ie, the husband of the plaintiff (appellant)) was also standing next to Mr Ng's stationary car near the offside rear door of the vehicle. At that moment another motor car BCC 4647 driven by the defendant (respondent) reversed into the offside rear portion of Mr Ng's car, although Mr Ng did not see the actual collision. He did, however, hear a crashing sound and when he turned around he saw that the respondent's car had already backed into the rear of his car. He ran to the back of the two cars and found the deceased lying on the ground behind the vehicles. The deceased was gravely injured and shortly after he succumbed to his injuries.

In this case, at the conclusion of the evidence called for the plaintiff, the defence submitted that there was no case for the defendant to meet. The judge below ruled in his favour after putting counsel for the defendant to his election to stand by his submission and not to call evidence. The plaintiff's a