CHENG WAI FAN AND ANOTHER v. YAU WAN SIN AND ANOTHER

CHENG WAI FAN AND ANOTHER v. YAU WAN SIN AND ANOTHER

With liability conceded, the court assessed quantum strictly on the evidence: allowed general damages for pain and permanent sequelae based on medical reports, allowed or reduced special damages where receipts or credible evidence existed (disallowing unproven nourishment claims and substantially reducing implausible bone-setter claims), limited loss-of-earnings to periods supported by medical and attendance evidence, and reduced recoverable costs to 75% due to solicitors' procedural negligence.

Citation
CHENG WAI FAN AND ANOTHER v. YAU WAN SIN AND ANOTHER
Parties
1st Plaintiff: Cheng Wai Fan; 2nd Plaintiff: Lee Chung Wing; 1st Defendant: Yau Wan Sin; 2nd Defendant: Ng Wai Tsan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 October 1973
Case Number
HCA1583/1971
Procedural Posture
Tort Negligence (personal Injury) / Judgment (oral Judgment Reduced Into Writing)
Outcome
Judgment for plaintiffs on conceded liability; damages awarded to each plaintiff with costs reduced.
Legal Topics
Damages, General Damages, Special Damages, Loss of Earnings, Proof of Special Damages, Allocation of Costs
Source Language
EN
Tort Personal Injury Negligence Civil Procedure Costs Damages General Damages Special Damages +3 more

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Parties

Cheng Wai Fan

1st Plaintiff

Lee Chung Wing

2nd Plaintiff

Yau Wan Sin

1st Defendant

Ng Wai Tsan

2nd Defendant

Procedural Posture

Tort Negligence (personal Injury) / Judgment (oral Judgment Reduced Into Writing)

Legal Issues

  1. 1 Whether and how much general damages should be awarded to each plaintiff
  2. 2 Quantum of special damages and requirement of proof (receipts/medical prescriptions)
  3. 3 Appropriate period and amount for loss of earnings

Ratio Decidendi

With liability conceded, the court assessed quantum strictly on the evidence: allowed general damages for pain and permanent sequelae based on medical reports, allowed or reduced special damages where receipts or credible evidence existed (disallowing unproven nourishment claims and substantially reducing implausible bone-setter claims), limited loss-of-earnings to periods supported by medical and attendance evidence, and reduced recoverable costs to 75% due to solicitors' procedural negligence.

Court Disposition

Judgment for plaintiffs on conceded liability; damages awarded to each plaintiff with costs reduced.

Orders

  • First plaintiff (Cheng Wai Fan) awarded total damages HKD 11,490 (general damages HKD 6,000; special damages HKD 5,490; loss of earnings included within special/general assessment).
  • Second plaintiff (Lee Chung Wing) awarded total damages HKD 15,826 (general damages HKD 10,000; special damages HKD 5,824; loss of earnings HKD 1,800 included).