YIP PING KWUN t/a PING KEE AND ANOTHER v. CHOW CHI KEUNG AND ANOTHER

YIP PING KWUN t/a PING KEE AND ANOTHER v. CHOW CHI KEUNG AND ANOTHER

On the balance of probabilities the court accepted the specialist medical prognosis that the plaintiff's spinal condition will deteriorate requiring spinal fusion within a few years; accordingly the court awarded damages for pain, suffering and loss of amenities of $35,000 (taking into account that the operation will relieve pain) but limited future operation allowance to first class care in a Government hospital rather than full private cost; awarded past and future loss of earnings based on reasonable monthly figures in the absence of accounts; allowed agreed special items; awarded interest per Cookson and costs of assessment dependent on payment into court.

Citation
YIP PING KWUN t/a PING KEE AND ANOTHER v. CHOW CHI KEUNG AND ANOTHER
Parties
1st Plaintiff: Yip Ping Kwun trading as Ping Kee; 2nd Plaintiff: Lai Tai; 1st Defendant: Chow Chi Keung; 2nd Defendant: Hong Kong & Shanghai Banking Corporation
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 October 1978
Case Number
HCA1440/1978
Procedural Posture
Personal Injury Civil Action / Assessment of Damages (judgment)
Outcome
Judgment for plaintiffs. 1st plaintiff awarded total general damages $41,000 and total special damages $13,005; 2nd plaintiff awarded $2,000; interest to be awarded in accordance with Cookson v. Knowles; costs of assessment to be awarded depending on payment into court; liberty to apply.
Legal Topics
Damages, General Damages, Special Damages, Interest, Costs, Credibility of Evidence
Source Language
EN
Tort Personal Injury Civil Procedure Damages General Damages Special Damages Interest Costs +1 more

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Parties

Yip Ping Kwun trading as Ping Kee

1st Plaintiff

Lai Tai

2nd Plaintiff

Chow Chi Keung

1st Defendant

Hong Kong & Shanghai Banking Corporation

2nd Defendant

Procedural Posture

Personal Injury Civil Action / Assessment of Damages (judgment)

Legal Issues

  1. 1 Quantum of damages for personal injury including future deterioration and need for spinal surgery
  2. 2 Appropriate award for future medical treatment and whether to allow private hospital costs
  3. 3 Assessment of past and future loss of earnings given inadequate records

Ratio Decidendi

On the balance of probabilities the court accepted the specialist medical prognosis that the plaintiff's spinal condition will deteriorate requiring spinal fusion within a few years; accordingly the court awarded damages for pain, suffering and loss of amenities of $35,000 (taking into account that the operation will relieve pain) but limited future operation allowance to first class care in a Government hospital rather than full private cost; awarded past and future loss of earnings based on reasonable monthly figures in the absence of accounts; allowed agreed special items; awarded interest per Cookson and costs of assessment dependent on payment into court.

Court Disposition

Judgment for plaintiffs. 1st plaintiff awarded total general damages $41,000 and total special damages $13,005; 2nd plaintiff awarded $2,000; interest to be awarded in accordance with Cookson v. Knowles; costs of assessment to be awarded depending on payment into court; liberty to apply.

Orders

  • Award to 1st plaintiff: general damages $41,000
  • Award to 1st plaintiff: special damages $13,005