PUK CHUNG YU v. LAM SHUI KEUNG AND ANOTHER

PUK CHUNG YU v. LAM SHUI KEUNG AND ANOTHER

The plaintiff proved permanent disfiguring burn injuries and associated treatment; PSLA awarded at HK$400,000 based on comparators and circumstances of a minor; special damages were limited to items evidenced or reasonably estimated (HK$27,004); future private-sector medical costs were allowed only to the extent supported by the expert's private-sector estimates (HK$23,000) while speculative ancillary sums were disallowed; interest and costs were awarded accordingly.

Citation
PUK CHUNG YU v. LAM SHUI KEUNG AND ANOTHER
Parties
Plaintiff (minor) Suing by Next Friend Puk Chi Hin: Puk Chung Yu; 1st Defendant: Lam Shui Keung; 2nd Defendant: Lee Siu Kuen
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 July 2012
Case Number
DCPI798/2011
Procedural Posture
Personal Injuries Action / Assessment of Damages After Interlocutory Judgment on Liability
Outcome
Assessment judgment for plaintiff. Total damages awarded HK$450,004; interest and costs awarded; assessment conducted in defendants' absence after due notification.
Legal Topics
Burn Injuries, Permanent Scarring and Cosmetic Damage, Minor Plaintiff Considerations, Special Damages, Future Medical Expenses, Interest and Costs
Source Language
EN
Personal Injury Tort Civil Procedure Damages Burn Injuries Permanent Scarring and Cosmetic Damage Minor Plaintiff Considerations Special Damages +2 more

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Parties

Puk Chung Yu

Plaintiff (minor) Suing by Next Friend Puk Chi Hin

Lam Shui Keung

1st Defendant

Lee Siu Kuen

2nd Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages After Interlocutory Judgment on Liability

Legal Issues

  1. 1 Quantum of general damages for permanent disfiguring burn injuries to an infant
  2. 2 Proof and reasonableness of special damages (medical, travel, consumables)
  3. 3 Allowance for future medical procedures and ancillary expenses

Ratio Decidendi

The plaintiff proved permanent disfiguring burn injuries and associated treatment; PSLA awarded at HK$400,000 based on comparators and circumstances of a minor; special damages were limited to items evidenced or reasonably estimated (HK$27,004); future private-sector medical costs were allowed only to the extent supported by the expert's private-sector estimates (HK$23,000) while speculative ancillary sums were disallowed; interest and costs were awarded accordingly.

Court Disposition

Assessment judgment for plaintiff. Total damages awarded HK$450,004; interest and costs awarded; assessment conducted in defendants' absence after due notification.

Orders

  • Award PSLA HK$400,000.00
  • Award special damages HK$27,004.00 (medical HK$9,004; travelling HK$3,000; other HK$15,000)