LUM WOON SUN AND ANOTHER v. LAU KIN SING AND OTHERS

LUM WOON SUN AND ANOTHER v. LAU KIN SING AND OTHERS

Court accepted uncontradicted medical evidence and plaintiffs' schedules, accepted disability assessments (18% for P1; combined limb and mental disability near 80% for P2 but assessed by observation as upper end of serious injury plus mental disability), applied appropriate multipliers/capitalisation (P1 multiplier effectively adopted for future loss; P2 multiplier reduced to 5), awarded general damages of $100,000 (P1) and $200,000 (P2) together with specified past and future losses and interest at 6% on past losses.

Citation
LUM WOON SUN AND ANOTHER v. LAU KIN SING AND OTHERS
Parties
1st Plaintiff: Lum Woon Sun; 2nd Plaintiff: Wong Kum Chiu; 1st Defendant: Lau Kin Sing; 2nd Defendant: Tang Yau Keung; 3rd Defendant: Tsuen Wan Motors Co.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 February 1985
Case Number
HCA7448/1981
Procedural Posture
Personal Injury Assessment of Damages / Assessment Hearing
Outcome
Assessment of damages awarded in favour of the plaintiffs
Legal Topics
Assessment of Damages, Permanent Disability, Loss of Earnings, General Damages, Special Damages, Medical Expenses
Source Language
EN
Personal Injury Tort Civil Procedure Assessment of Damages Permanent Disability Loss of Earnings General Damages Special Damages +1 more

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Parties

Lum Woon Sun

1st Plaintiff

Wong Kum Chiu

2nd Plaintiff

Lau Kin Sing

1st Defendant

Tang Yau Keung

2nd Defendant

Tsuen Wan Motors Co.

3rd Defendant

Procedural Posture

Personal Injury Assessment of Damages / Assessment Hearing

Legal Issues

  1. 1 Proper quantum for general damages for amputations and permanent disability
  2. 2 Calculation of past and future loss of earnings including appropriate multiplier and capitalization method
  3. 3 Assessment and application of medical disability percentages to awards

Ratio Decidendi

Court accepted uncontradicted medical evidence and plaintiffs' schedules, accepted disability assessments (18% for P1; combined limb and mental disability near 80% for P2 but assessed by observation as upper end of serious injury plus mental disability), applied appropriate multipliers/capitalisation (P1 multiplier effectively adopted for future loss; P2 multiplier reduced to 5), awarded general damages of $100,000 (P1) and $200,000 (P2) together with specified past and future losses and interest at 6% on past losses.

Court Disposition

Assessment of damages awarded in favour of the plaintiffs

Orders

  • 1st Plaintiff (Lum Woon Sun): general damages $100000.00
  • 1st Plaintiff: past loss of earnings $72253.00 and interest thereon $24382.40 (at 6%)