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

Having accepted uncontested expert medical evidence linking the accident to chronic PTSD and hypoxic brain injury with objective PET and neuropsychological findings, the Court quantified damages by awarding $550,000 for pain, suffering and loss of amenities, conceded special damages and assessed future treatment, tuition and lost earning capacity using accepted multiplicand ($18,000), multiplier (10) and a 50% discount for contingencies, resulting in a total award of $2,650,085 together with specified interest and costs directions.

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 TSUI SIU ON); 5th Plaintiff: CHAN MIN WAH; 6th Plaintiff: LEUNG PUI YING (by her father and next friend LEUNG TAI FUK); 7th Plaintiff: TSUI SAI NUI (Administrator of the Estate of MO YEE, deceased); 8th Plaintiff: HO SHIU TAK (by his father and next friend HO TUNG SHING); 9th Plaintiff: LEUNG PUI YUK (by her father and next friend LEUNG TAI FUK); 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; 6th Defendant: 6th Defendant
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 of damages awarded in favour of the 8th plaintiff totaling HKD 2,650,085.
Legal Topics
Assessment of Damages, Post Traumatic Stress Disorder, Future Loss of Earnings, Medical Expenses, Interest, Costs
Source Language
EN
Torts Personal Injury Damages Assessment of Damages Post Traumatic Stress Disorder Future Loss of Earnings Medical Expenses Interest +1 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 TSUI SIU ON)

4th Plaintiff

CHAN MIN WAH

5th Plaintiff

LEUNG PUI YING (by her father and next friend LEUNG TAI FUK)

6th Plaintiff

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

7th Plaintiff

HO SHIU TAK (by his father and next friend HO TUNG SHING)

8th Plaintiff

LEUNG PUI YUK (by her father and next friend LEUNG TAI FUK)

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

6th Defendant

6th Defendant

Procedural Posture

Personal Injuries / Assessment of Damages

Legal Issues

  1. 1 Causation of psychiatric and neurological injury from canopy collapse
  2. 2 Quantum of general damages for pain, suffering and loss of amenities
  3. 3 Assessment of future medical and remedial treatment costs

Ratio Decidendi

Having accepted uncontested expert medical evidence linking the accident to chronic PTSD and hypoxic brain injury with objective PET and neuropsychological findings, the Court quantified damages by awarding $550,000 for pain, suffering and loss of amenities, conceded special damages and assessed future treatment, tuition and lost earning capacity using accepted multiplicand ($18,000), multiplier (10) and a 50% discount for contingencies, resulting in a total award of $2,650,085 together with specified interest and costs directions.

Court Disposition

Assessment of damages awarded in favour of the 8th plaintiff totaling HKD 2,650,085.

Orders

  • Award HKD 550,000 for pain, suffering and loss of amenities (PSLA)
  • Award HKD 26,257 for special damages (pre-trial medical and travelling expenses)