Lai Kwok Fai v. 陳子揚 t/a 迪高公司

Lai Kwok Fai v. 陳子揚 t/a 迪高公司

Court accepted applicant's evidence and applied the statutory formulas in sections 9, 10 and 10A to calculate awards: permanent partial incapacity (72 months x monthly earnings x 1.5%) = $24,300; temporary incapacity (statutory maximum $21,000 x 4/5 for 5 months 29 days) = $99,716; medical expenses $200; added specified interest components to reach a judgment of $130,016.46, and awarded costs to be taxed if not agreed.

Citation
Lai Kwok Fai v. 陳子揚 t/a 迪高公司
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 July 2002
Case Number
DCEC54/2001
Procedural Posture
Personal Injury / Accident Compensation / Judgment on Quantum After Interlocutory Judgment on Liability
Outcome
Judgment for the applicant for $130,016.46 with interest at judgment rate from date of judgment until payment; costs to be taxed if not agreed.
Legal Topics
Assessment of Damages, Permanent Partial Incapacity, Temporary Incapacity, Medical Expenses, Interest, Costs
Source Language
EN
Personal Injury Accident Compensation Damages Assessment of Damages Permanent Partial Incapacity Temporary Incapacity Medical Expenses Interest +1 more

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Procedural Posture

Personal Injury / Accident Compensation / Judgment on Quantum After Interlocutory Judgment on Liability

Legal Issues

  1. 1 Calculation of permanent partial incapacity under section 9
  2. 2 Calculation of temporary incapacity under section 10
  3. 3 Recovery of medical expenses under section 10A

Ratio Decidendi

Court accepted applicant's evidence and applied the statutory formulas in sections 9, 10 and 10A to calculate awards: permanent partial incapacity (72 months x monthly earnings x 1.5%) = $24,300; temporary incapacity (statutory maximum $21,000 x 4/5 for 5 months 29 days) = $99,716; medical expenses $200; added specified interest components to reach a judgment of $130,016.46, and awarded costs to be taxed if not agreed.

Court Disposition

Judgment for the applicant for $130,016.46 with interest at judgment rate from date of judgment until payment; costs to be taxed if not agreed.

Orders

  • Judgment in favour of the applicant for $130,016.46
  • Interest at judgment rate from date of judgment until payment on the judgment sum