YI SHENGMAO AND OTHERS v. WONG KAM PIU AND OTHERS

YI SHENGMAO AND OTHERS v. WONG KAM PIU AND OTHERS

The court found the 1st Plaintiff to be an unreliable witness who had exaggerated his condition and given inconsistent accounts of pre-accident employment; it accepted Dr Chun's medical assessment, found the plaintiff was most likely a self-employed shrimp farmer with probable part-time earnings of RMB 3,000, allowed a 13-month sick leave loss, awarded PSLA $350,000, pre-trial loss $44,070, loss of earning capacity $100,000, past receipted medical expenses $34,236.74 and tonic $3,390, credited Employees Compensation $185,000, assessed net damages of $346,696.74, and ordered interest and costs as specified.

Citation
YI SHENGMAO AND OTHERS v. WONG KAM PIU AND OTHERS
Parties
Plaintiff: 1st Plaintiff; 4th Plaintiff: the estate of Lai Xiang, deceased; 1st Defendant: Wong Kam Piu; 2nd Defendant: Kwok Hei (a bankrupt); 3rd Defendant: The Incorporated Owners of Yuet Wah Mansion; 4th Defendant: Employees Compensation Assistance Fund Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 March 2010
Case Number
HCPI742/2005
Procedural Posture
Personal Injury Common Law Damages Assessment / Assessment of Damages Following Liability by Consent
Outcome
Judgment for 1st Plaintiff in the sum of $346,696.74 with specified interest; costs nisi with 14 days to apply; legal aid taxation of plaintiff's costs.
Legal Topics
Quantum of Damages, Loss of Earnings, Medical Assessment, Employees Compensation Set Off, Credibility of Witness, Interest and Costs
Source Language
EN
Tort Personal Injury Employment/compensation Law Civil Procedure Quantum of Damages Loss of Earnings Medical Assessment Employees Compensation Set Off +2 more

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Parties

1st Plaintiff

Plaintiff

the estate of Lai Xiang, deceased

4th Plaintiff

Wong Kam Piu

1st Defendant

Kwok Hei (a bankrupt)

2nd Defendant

The Incorporated Owners of Yuet Wah Mansion

3rd Defendant

Employees Compensation Assistance Fund Board

4th Defendant

Procedural Posture

Personal Injury Common Law Damages Assessment / Assessment of Damages Following Liability by Consent

Legal Issues

  1. 1 What quantum should be awarded for pain, suffering and loss of amenities (PSLA)?
  2. 2 What was the 1st Plaintiff's pre-accident employment and earnings and are they proven?
  3. 3 Whether the 1st Plaintiff exaggerated symptoms and was an unreliable witness affecting awards and mitigation.

Ratio Decidendi

The court found the 1st Plaintiff to be an unreliable witness who had exaggerated his condition and given inconsistent accounts of pre-accident employment; it accepted Dr Chun's medical assessment, found the plaintiff was most likely a self-employed shrimp farmer with probable part-time earnings of RMB 3,000, allowed a 13-month sick leave loss, awarded PSLA $350,000, pre-trial loss $44,070, loss of earning capacity $100,000, past receipted medical expenses $34,236.74 and tonic $3,390, credited Employees Compensation $185,000, assessed net damages of $346,696.74, and ordered interest and costs as specified.

Court Disposition

Judgment for 1st Plaintiff in the sum of $346,696.74 with specified interest; costs nisi with 14 days to apply; legal aid taxation of plaintiff's costs.

Orders

  • Judgment for the 1st Plaintiff in the sum of $346,696.74.
  • Interest at 2% p.a. on the award for PSLA from date of service of the Writ until date of judgment.