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

Court accepted plaintiff's evidence of complete paraplegia and psychiatric injury and awarded total damages of HKD16,784,345.25 inclusive of interest. The court applied the multiplicand/multiplier approach (generally multiplier 17), reduced the multiplier to 14 for certain items (hospital bed and hoist), disallowed the washing/drying machine claim, accepted the median method for assessing the husband's pre‑trial loss (using replacement salary and pre‑accident salary) awarding HKD2,192,898, and assessed future accommodation by rental differential with a discounted multiplier of 14. Interest was awarded at 2% p.a. on general damages from date of writ and pre‑trial special damages at half...

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 (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; 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 Injury Assessment of Damages / Assessment of Damages; Liability Previously Determined in Plaintiffs' Favour
Outcome
Judgment for 1st plaintiff: damages assessed at HKD16,784,345.25 inclusive of interest; costs order nisi against defendants
Legal Topics
Assessment of Damages, Future Care Costs, Loss of Earnings, General Damages, Interest, Costs
Source Language
EN
Tort Personal Injury Damages Negligence Assessment of Damages Future Care Costs Loss of Earnings General Damages +2 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 (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

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 Injury Assessment of Damages / Assessment of Damages; Liability Previously Determined in Plaintiffs' Favour

Legal Issues

  1. 1 Quantification of general damages for complete paraplegia and psychiatric injury
  2. 2 Appropriate assessment and multipliers for future care, equipment and accommodation
  3. 3 Valuation of pre‑trial lost earnings of spouse/unpaid care provided by spouse

Ratio Decidendi

Court accepted plaintiff's evidence of complete paraplegia and psychiatric injury and awarded total damages of HKD16,784,345.25 inclusive of interest. The court applied the multiplicand/multiplier approach (generally multiplier 17), reduced the multiplier to 14 for certain items (hospital bed and hoist), disallowed the washing/drying machine claim, accepted the median method for assessing the husband's pre‑trial loss (using replacement salary and pre‑accident salary) awarding HKD2,192,898, and assessed future accommodation by rental differential with a discounted multiplier of 14. Interest was awarded at 2% p.a. on general damages from date of writ and pre‑trial special damages at half...

Court Disposition

Judgment for 1st plaintiff: damages assessed at HKD16,784,345.25 inclusive of interest; costs order nisi against defendants

Orders

  • Total damages (inclusive of interests) awarded to 1st plaintiff: HKD16,784,345.25
  • Interest on general damages for pain, suffering and loss of amenities and loss of society at 2% per annum from date of writ