LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

On the assessment the 5th plaintiff is awarded total damages of $620,045 comprising general damages for pain and suffering $275,000, loss of services $50,000, past loss of earnings $66,000, special damages $193,576 and interest as calculated; costs of the assessment ordered nisi against the defendants to be taxed party and party if not agreed and plaintiff's own costs to be taxed under Legal Aid Regulations.

Citation
LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS
Parties
1st Plaintiff: LILY TSE LAI YIN; 2nd Plaintiff: TSUI HO; 3rd Plaintiff: NG PAK MUI; 4th Plaintiff: TSUI WAI NGA by her father and next friend; 5th Plaintiff: CHAN MIN WAH; 6th Plaintiff: LEUNG PUI YING by her father and next friend; 7th Plaintiff: TSUI SAI NUI the Administrator of the Estate of MO YEE, deceased; 8th Plaintiff: HO SHIU TAK by his father and next friend; 9th Plaintiff: LEUNG PUI YUK by her father and next friend; 1st Defendant: THE INCORPORATED OWNERS OF ALBERT HOUSE (also known as THE OWNER INCORPORATION OF ALBERT HOUSE); 2nd Defendant: HOUSING MANAGEMENT AGENCY LIMITED; 3rd Defendant: HO WING HANG; 4th Defendant: NEW BEST RESTAURANT LIMITED; 5th Defendant: ABERDEEN WINNER INVESTMENT COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2001
Case Number
HCPI828/1997
Procedural Posture
Personal Injuries / Assessment of Damages
Outcome
Assessment awarded in favour of the 5th plaintiff in the total sum of $620,045; costs order nisi that defendants pay costs of assessment to be taxed party and party if not agreed; plaintiff's own costs to be taxed under Legal Aid Regulations.
Legal Topics
Assessment of Damages, General Damages, Special Damages, Loss of Services, Loss of Earnings, Interest on Damages, Costs
Source Language
EN
Personal Injury Torts Damages Negligence Assessment of Damages General Damages Special Damages Loss of Services +3 more

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Parties

LILY TSE LAI YIN

1st Plaintiff

TSUI HO

2nd Plaintiff

NG PAK MUI

3rd Plaintiff

TSUI WAI NGA by her father and next friend

4th Plaintiff

CHAN MIN WAH

5th Plaintiff

LEUNG PUI YING by her father and next friend

6th Plaintiff

TSUI SAI NUI the Administrator of the Estate of MO YEE, deceased

7th Plaintiff

HO SHIU TAK by his father and next friend

8th Plaintiff

LEUNG PUI YUK by her father and next friend

9th Plaintiff

THE INCORPORATED OWNERS OF ALBERT HOUSE (also known as THE OWNER INCORPORATION OF ALBERT HOUSE)

1st Defendant

HOUSING MANAGEMENT AGENCY LIMITED

2nd Defendant

HO WING HANG

3rd Defendant

NEW BEST RESTAURANT LIMITED

4th Defendant

ABERDEEN WINNER INVESTMENT COMPANY LIMITED

5th Defendant

Procedural Posture

Personal Injuries / Assessment of Damages

Legal Issues

  1. 1 Quantification of general damages for pain, suffering and loss of amenities
  2. 2 Claim for loss of services under s.20C Law Amendment Reform Consolidation Ordinance Cap.23
  3. 3 Assessment of past loss of earnings and future loss of earnings

Ratio Decidendi

On the assessment the 5th plaintiff is awarded total damages of $620,045 comprising general damages for pain and suffering $275,000, loss of services $50,000, past loss of earnings $66,000, special damages $193,576 and interest as calculated; costs of the assessment ordered nisi against the defendants to be taxed party and party if not agreed and plaintiff's own costs to be taxed under Legal Aid Regulations.

Court Disposition

Assessment awarded in favour of the 5th plaintiff in the total sum of $620,045; costs order nisi that defendants pay costs of assessment to be taxed party and party if not agreed; plaintiff's own costs to be taxed under Legal Aid Regulations.

Orders

  • Damages awarded to 5th Plaintiff in the sum of HKD 620,045
  • General damages for pain, suffering and loss of amenities HKD 275,000