CHEUNG LAP YAN AND ANOTHER v. SIU CHING KEE AND ANOTHER

CHEUNG LAP YAN AND ANOTHER v. SIU CHING KEE AND ANOTHER

The court awarded assessed special damages to the 1st Plaintiff of $10,225 and to the 2nd Plaintiff special damages of $27,253.10 and general damages of $55,000 (pain, suffering and loss of amenities $45,000; future cosmetic surgery $10,000). Interest ordered: special damages at 8.75% per annum from date of accident to judgment; general damages at 17.5% per annum from date of service of writ to judgment. Costs awarded to the Plaintiffs with a certificate for counsel.

Citation
CHEUNG LAP YAN AND ANOTHER v. SIU CHING KEE AND ANOTHER
Parties
1st Plaintiff: Cheung Lap Yan; 2nd Plaintiff: Hedy Chan Ping; 1st Defendant: Siu Ching Ices; 2nd Defendant: Siu Yuen Kong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 June 1982
Case Number
HCA1462/1979
Procedural Posture
Tort Personal Injury (assessment of Damages) / Assessment of Damages (judgment)
Outcome
Judgment for Plaintiffs
Legal Topics
Assessment of Damages, General Damages, Special Damages, Interest, Costs
Source Language
EN
Tort Personal Injury Damages Negligence Assessment of Damages General Damages Special Damages Interest +1 more

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Parties

Cheung Lap Yan

1st Plaintiff

Hedy Chan Ping

2nd Plaintiff

Siu Ching Ices

1st Defendant

Siu Yuen Kong

2nd Defendant

Procedural Posture

Tort Personal Injury (assessment of Damages) / Assessment of Damages (judgment)

Legal Issues

  1. 1 Pre-accident valuation of vehicle
  2. 2 Quantum of general damages for facial disfigurement and psychological injury
  3. 3 Quantum of special damages (medical and property loss)

Ratio Decidendi

The court awarded assessed special damages to the 1st Plaintiff of $10,225 and to the 2nd Plaintiff special damages of $27,253.10 and general damages of $55,000 (pain, suffering and loss of amenities $45,000; future cosmetic surgery $10,000). Interest ordered: special damages at 8.75% per annum from date of accident to judgment; general damages at 17.5% per annum from date of service of writ to judgment. Costs awarded to the Plaintiffs with a certificate for counsel.

Court Disposition

Judgment for Plaintiffs

Orders

  • 1st Plaintiff awarded special damages $10,225.00
  • 2nd Plaintiff awarded general damages $55,000.00 (pain, suffering and loss of amenities $45,000.00; future surgery $10,000.00)