LAU TAK AND ANOTHER v. CHU SHUN YU

LAU TAK AND ANOTHER v. CHU SHUN YU

The court accepted the medical evidence of permanent disability and inability to work, applied comparable precedents for general damages, used a multiplier of 6 to calculate future loss of earnings, allowed proven special damages, fixed interest rates and periods separately for general and special damages, and ordered costs to the plaintiff with specific deductions and personal cost liabilities on the solicitors for unnecessary subpoenas.

Citation
LAU TAK AND ANOTHER v. CHU SHUN YU
Parties
Plaintiff: 1st Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 March 1983
Case Number
HCA129/1982
Procedural Posture
Personal Injury Negligence / Assessment of Damages (post Interlocutory Judgment)
Outcome
Judgment for 1st Plaintiff on assessed damages and costs as specified
Legal Topics
Quantification of Damages, Future Loss of Earnings, Past Loss of Earnings, Special Damages, Interest on Damages, Costs Allocation
Source Language
EN
Tort Personal Injury Negligence Damages Costs Quantification of Damages Future Loss of Earnings Past Loss of Earnings +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

1st Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury Negligence / Assessment of Damages (post Interlocutory Judgment)

Legal Issues

  1. 1 Assessment of general damages for pain, suffering and loss of amenities
  2. 2 Calculation of loss of future earnings using multiplier method
  3. 3 Assessment of past loss of earnings and special damages (hospital, herbalist, tonic food)

Ratio Decidendi

The court accepted the medical evidence of permanent disability and inability to work, applied comparable precedents for general damages, used a multiplier of 6 to calculate future loss of earnings, allowed proven special damages, fixed interest rates and periods separately for general and special damages, and ordered costs to the plaintiff with specific deductions and personal cost liabilities on the solicitors for unnecessary subpoenas.

Court Disposition

Judgment for 1st Plaintiff on assessed damages and costs as specified

Orders

  • General damages awarded $45,000
  • Loss of future earnings awarded $108,000 (calculated as $1,500 x 12 x 6)