LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

The court accepted the plaintiffs' medical and psychiatric evidence, used comparable local authorities to fix general damages at $430,000, allowed past expenses proven reasonable, accepted defendants' conceded figures for pre-trial and future losses where causation was in issue and disallowed the overlapping domestic assistance claim; awarded interest as applied and made a costs order nisi for the assessment.

Citation
LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS
Parties
1st Plaintiff: LILY TSE LAI YIN; 2nd Plaintiff: TSUI HO; 3rd Plaintiff: NG PAK MUI; 4th Plaintiff: TSUI WAI NGA by her father and next friend; 5th Plaintiff: TSUI SIU ON; 6th Plaintiff: CHAN MIN WAH; 7th Plaintiff: LEUNG PUI YING by her father and next friend; 8th Plaintiff: LEUNG TAI FUK; 9th Plaintiff: TSUI SAI NUI the Administrator of the Estate of MO YEE, deceased; 10th Plaintiff: HO SHIU TAK by his father and next friend; 11th Plaintiff: HO TUNG SHING; 12th Plaintiff: LEUNG PUI YUK by her father and next friend; 13th Plaintiff: LEUNG TAI FUK; 1st Defendant: THE INCORPORATED OWNERS OF ALBERT HOUSE; 2nd Defendant: HOUSING MANAGEMENT AGENCY LIMITED; 3rd Defendant: HO WING HANG; 4th Defendant: NEW BEST RESTAURANT LIMITED; 5th Defendant: ABERDEEN WINNER INVESTMENT COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2001
Case Number
HCPI828/1997
Procedural Posture
Personal Injuries (canopy Collapse) / Assessment of Damages
Outcome
Judgment in assessment: damages awarded to 3rd plaintiff totalling $1,375,475; costs order nisi for defendants to pay costs of assessment to be taxed if not agreed; plaintiff's own costs to be taxed in accordance with Legal Aid Regulations.
Legal Topics
Damages Assessment, Pain and Suffering, Loss of Earnings, Special Damages, Future Medical Expenses, Psychiatric Injury, Interest on Damages, Costs
Source Language
EN
Torts Personal Injury Negligence Damages Assessment Pain and Suffering Loss of Earnings Special Damages Future Medical Expenses +3 more

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Parties

LILY TSE LAI YIN

1st Plaintiff

TSUI HO

2nd Plaintiff

NG PAK MUI

3rd Plaintiff

TSUI WAI NGA by her father and next friend

4th Plaintiff

TSUI SIU ON

5th Plaintiff

CHAN MIN WAH

6th Plaintiff

LEUNG PUI YING by her father and next friend

7th Plaintiff

LEUNG TAI FUK

8th Plaintiff

TSUI SAI NUI the Administrator of the Estate of MO YEE, deceased

9th Plaintiff

HO SHIU TAK by his father and next friend

10th Plaintiff

HO TUNG SHING

11th Plaintiff

LEUNG PUI YUK by her father and next friend

12th Plaintiff

LEUNG TAI FUK

13th Plaintiff

THE INCORPORATED OWNERS OF ALBERT HOUSE

1st Defendant

HOUSING MANAGEMENT AGENCY LIMITED

2nd Defendant

HO WING HANG

3rd Defendant

NEW BEST RESTAURANT LIMITED

4th Defendant

ABERDEEN WINNER INVESTMENT COMPANY LIMITED

5th Defendant

Procedural Posture

Personal Injuries (canopy Collapse) / Assessment of Damages

Legal Issues

  1. 1 Quantum of general damages for pain suffering and loss of amenities
  2. 2 Allowance of special damages and reasonableness of claimed items
  3. 3 Assessment of pre-trial and future loss of earnings and MPF

Ratio Decidendi

The court accepted the plaintiffs' medical and psychiatric evidence, used comparable local authorities to fix general damages at $430,000, allowed past expenses proven reasonable, accepted defendants' conceded figures for pre-trial and future losses where causation was in issue and disallowed the overlapping domestic assistance claim; awarded interest as applied and made a costs order nisi for the assessment.

Court Disposition

Judgment in assessment: damages awarded to 3rd plaintiff totalling $1,375,475; costs order nisi for defendants to pay costs of assessment to be taxed if not agreed; plaintiff's own costs to be taxed in accordance with Legal Aid Regulations.

Orders

  • General damages (pain suffering and loss of amenities) awarded $430000
  • Special damages allowed $71370