WONG PO TO and Another v. L.S.M. CONSTRUCTION & ENGINEERING LTD. and Another

WONG PO TO and Another v. L.S.M. CONSTRUCTION & ENGINEERING LTD. and Another

Master accepted plaintiffs' oral evidence and documentary receipts for each head of loss as reasonable and proved. On the basis that the fire and losses resulted from the defendants' negligence, the Master awarded the full claimed amounts for each head totaling $269,873.66, ordered interest at the judgment rate from...

Source-derived case information.

Citation
WONG PO TO and Another v. L.S.M. CONSTRUCTION & ENGINEERING LTD. and Another
Parties
1st Plaintiff: WONG PO TO; 2nd Plaintiff: WONG LEE SAU CHU; 1st Defendant: L.S.M. CONSTRUCTION & ENGINEERING LIMITED; 2nd Defendant: NGAN LIT HUNG and YAU CHUN LEUNG trading as HUNG WAI CONSTRUCTION MATERIAL
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 November 1995
Case Number
HCA10397/1994
Procedural Posture
Civil Assessment of Damages Arising From Negligence Claim / Assessment of Damages Pursuant to Interlocutory Judgment
Outcome
Judgment for plaintiffs for damages in the sum of $269,873.66 plus interest at the judgment rate from date of Writ until payment; costs of the assessment to plaintiffs on a party-and-party basis with certificate for counsel to be taxed if not agreed.
Legal Topics
Negligence, Assessment of Damages, Interest on Judgment, Costs, Interlocutory Judgment
Source Language
en
Tort Civil Procedure Personal Injury Property Damage Negligence Assessment of Damages Interest on Judgment Costs +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

WONG PO TO

1st Plaintiff

WONG LEE SAU CHU

2nd Plaintiff

L.S.M. CONSTRUCTION & ENGINEERING LIMITED

1st Defendant

NGAN LIT HUNG and YAU CHUN LEUNG trading as HUNG WAI CONSTRUCTION MATERIAL

2nd Defendant

Procedural Posture

Civil Assessment of Damages Arising From Negligence Claim / Assessment of Damages Pursuant to Interlocutory Judgment

Legal Issues

  1. 1 Whether defendants were negligent causing fire and consequent damage and injury
  2. 2 Quantum of damages for property loss, personal injury and associated expenses
  3. 3 Causation and sufficiency of evidentiary proof for each head of damage

Ratio Decidendi

Master accepted plaintiffs' oral evidence and documentary receipts for each head of loss as reasonable and proved. On the basis that the fire and losses resulted from the defendants' negligence, the Master awarded the full claimed amounts for each head totaling $269,873.66, ordered interest at the judgment rate from the date of Writ until payment, and ordered costs of the assessment to the plaintiffs on a party-and-party basis with a certificate for counsel to be taxed if not agreed.

Court Disposition

Judgment for plaintiffs for damages in the sum of $269,873.66 plus interest at the judgment rate from date of Writ until payment; costs of the assessment to plaintiffs on a party-and-party basis with certificate for counsel to be taxed if not agreed.

Orders

  • Award damages to plaintiffs in the sum of $269,873.66
  • Interest at the judgment rate from the date of Writ until payment