LEE CHUNG AND ANOTHER v. PANG LAP HUNG AND ANOTHER

LEE CHUNG AND ANOTHER v. PANG LAP HUNG AND ANOTHER

Allow special damages for items fully supported by documentation; allow only documented traditional medicine expense of $1,000 out of the claimed bone‑setter fees; award nominal general damages of $4,000 for transient head injury; disallow hearsay‑based claims for the 2nd Plaintiff; award interest at prescribed rates and costs to be taxed.

Citation
LEE CHUNG AND ANOTHER v. PANG LAP HUNG AND ANOTHER
Parties
1st Plaintiff: LEE CHUNG; 2nd Plaintiff: WONG YORK MONG; 1st Defendant: PANG LAP HUNG; 2nd Defendant: PANG LAP MAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 November 1985
Case Number
HCA2764/1985
Procedural Posture
Personal Injury — Negligence (assessment of Damages) / Assessment of Damages in Chambers; Judgment Delivered
Outcome
Judgment for 1st Plaintiff in assessed sums; no award to 2nd Plaintiff; costs to be taxed; certificate for counsel.
Legal Topics
Negligence, Damages Assessment, Special Damages, General Damages, Hearsay Evidence, Interest on Damages, Costs
Source Language
EN
Tort Personal Injury Civil Procedure Negligence Damages Assessment Special Damages General Damages Hearsay Evidence +2 more

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Parties

LEE CHUNG

1st Plaintiff

WONG YORK MONG

2nd Plaintiff

PANG LAP HUNG

1st Defendant

PANG LAP MAN

2nd Defendant

Procedural Posture

Personal Injury — Negligence (assessment of Damages) / Assessment of Damages in Chambers; Judgment Delivered

Legal Issues

  1. 1 Whether special damages claimed by 1st Plaintiff are proved and recoverable
  2. 2 Whether bone‑setter/traditional medicine charges are admissible and reasonable
  3. 3 Appropriate quantum for general damages for transient concussion and minor injuries

Ratio Decidendi

Allow special damages for items fully supported by documentation; allow only documented traditional medicine expense of $1,000 out of the claimed bone‑setter fees; award nominal general damages of $4,000 for transient head injury; disallow hearsay‑based claims for the 2nd Plaintiff; award interest at prescribed rates and costs to be taxed.

Court Disposition

Judgment for 1st Plaintiff in assessed sums; no award to 2nd Plaintiff; costs to be taxed; certificate for counsel.

Orders

  • Award to 1st Plaintiff: special damages $56,937.04 and general damages $4,000.00 (total $60,937.04).
  • Allow only $1,000.00 of claimed bone‑setter/traditional medicine fees; disallow the remainder for lack of sufficient evidence.