RICHARD T\'SING AND ANOTHER v. WONG PUI AND ANOTHER

RICHARD T\'SING AND ANOTHER v. WONG PUI AND ANOTHER

The court allowed proven and reasonable medical fees and employment costs for a servant as special damages, disallowed unproven private food expenses, and fixed quantum for general damages: husband $3,000 and wife $45,000, with total special damages $14,424; costs of the application were awarded to the plaintiffs.

Citation
RICHARD T\'SING AND ANOTHER v. WONG PUI AND ANOTHER
Parties
1st Plaintiff: RICHARD T'SING; 2nd Plaintiff: CHOW HO-CHUN; 1st Defendant: WONG PUI; 2nd Defendant: TSE MAN-WAH
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 November 1971
Case Number
HCA1237/1971
Procedural Posture
Personal Injury Road Traffic Accident / Assessment of Damages Application Following Order Dated 6 October 1971
Outcome
Application for assessment of damages allowed in part; awards and costs granted to plaintiffs.
Legal Topics
Assessment of Damages, Special Damages, General Damages, Future Loss, Permanent Disability, Costs
Source Language
EN
Tort Personal Injury Road Traffic Accident Civil Procedure Assessment of Damages Special Damages General Damages Future Loss +2 more

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Parties

RICHARD T'SING

1st Plaintiff

CHOW HO-CHUN

2nd Plaintiff

WONG PUI

1st Defendant

TSE MAN-WAH

2nd Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Assessment of Damages Application Following Order Dated 6 October 1971

Legal Issues

  1. 1 Whether claimed special damages were proven and recoverable
  2. 2 Whether medical fees incurred by the husband were reasonable and recoverable
  3. 3 Quantum of general damages for pain, suffering, loss of amenities and future care for the wife

Ratio Decidendi

The court allowed proven and reasonable medical fees and employment costs for a servant as special damages, disallowed unproven private food expenses, and fixed quantum for general damages: husband $3,000 and wife $45,000, with total special damages $14,424; costs of the application were awarded to the plaintiffs.

Court Disposition

Application for assessment of damages allowed in part; awards and costs granted to plaintiffs.

Orders

  • Award special damages to plaintiffs totalling $14,424.
  • Award general damages to 1st Plaintiff (husband) in the sum of $3,000.