PETER JOEAN WONG AND ANOTHER v. MAK YIU SUM AND ANOTHER

PETER JOEAN WONG AND ANOTHER v. MAK YIU SUM AND ANOTHER

Master Chan accepted the surveyor's valuation of the 1979 Honda Prelude as pre-accident market value $8,000 and the actual sale proceeds $1,150, awarding vehicle loss $6,850 plus survey, storage and towage; awarded replacement cost of spectacles; found 1st plaintiff only minor injuries and awarded $2,000 for pain...

Source-derived case information.

Citation
PETER JOEAN WONG AND ANOTHER v. MAK YIU SUM AND ANOTHER
Parties
1st Plaintiff: Peter Joean Wong; 2nd Plaintiff: Tam Lin; 1st Defendant: Mak Yiu Sum; 2nd Defendant: Ip Kim Ping
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 September 1987
Case Number
HCA4912/1986
Procedural Posture
Personal Injury (motor Vehicle Collision) / Assessment of Damages (interlocutory Judgment for Damages to Be Assessed)
Outcome
Interlocutory judgment for damages entered; damages assessed and awarded to plaintiffs as specified; interest ordered on general and special damages; costs reserved for hearing.
Legal Topics
Damages Assessment, Causation, Medical Evidence, Special Damages, General Damages, Interest on Damages
Source Language
en
Tort Personal Injury Motor Vehicle Accident Civil Procedure Damages Assessment Causation Medical Evidence Special Damages +2 more

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Summary, issues, holding and outcome

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Parties

Peter Joean Wong

1st Plaintiff

Tam Lin

2nd Plaintiff

Mak Yiu Sum

1st Defendant

Ip Kim Ping

2nd Defendant

Procedural Posture

Personal Injury (motor Vehicle Collision) / Assessment of Damages (interlocutory Judgment for Damages to Be Assessed)

Legal Issues

  1. 1 Quantum of damages for each plaintiff
  2. 2 Causation of second plaintiff's ongoing shoulder disability
  3. 3 Recoverability of various medical and incidental expenses

Ratio Decidendi

Master Chan accepted the surveyor's valuation of the 1979 Honda Prelude as pre-accident market value $8,000 and the actual sale proceeds $1,150, awarding vehicle loss $6,850 plus survey, storage and towage; awarded replacement cost of spectacles; found 1st plaintiff only minor injuries and awarded $2,000 for pain and suffering; for 2nd plaintiff accepted pain and suffering attributable to the accident up to shortly after December 1984 and awarded $10,000 but refused award for permanent disability or future medical costs because causation for ongoing disability was not established and treatment gaps intervened; allowed certain medical and bonesetter fees as reasonable and disallowed other...

Court Disposition

Interlocutory judgment for damages entered; damages assessed and awarded to plaintiffs as specified; interest ordered on general and special damages; costs reserved for hearing.

Orders

  • 1st Plaintiff awarded total damages of HK$10,190.00 (special damages HK$8,190.00; general damages HK$2,000.00).
  • 2nd Plaintiff awarded total damages of HK$16,420.00 (special damages HK$6,420.00; general damages HK$10,000.00).