NG CHI KWAN, DANNY SUMMER AND ANOTHER v. YEUNG YIU KWAN AND ANOTHER

NG CHI KWAN, DANNY SUMMER AND ANOTHER v. YEUNG YIU KWAN AND ANOTHER

Judge found plaintiff Ng's injuries were mild and his and co-witness Chan's evidence unreliable; on balance the cancellation of the HK concert was caused by poor ticket sales and a face-saving reliance on the accident, not by the injuries; even if the accident had caused cancellation the pre-cancellation expenses would likely have been unrecoverable because the concert would have produced a loss; US concerts were not confirmed with venues so performance fee claim failed; accordingly plaintiffs recover PSLA HK$85,000 and special damages HK$21,756 (total judgment HK$106,756) and TPL's claim dismissed.

Citation
NG CHI KWAN, DANNY SUMMER AND ANOTHER v. YEUNG YIU KWAN AND ANOTHER
Parties
1st Plaintiff: Ng; 2nd Plaintiff: TPL (2nd Plaintiff); 1st Defendant: YEUNG YIU KWAN; 2nd Defendant: TSANG SAU CHUN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 September 2014
Case Number
HCPI633/2011
Procedural Posture
Personal Injury (negligence) With Associated Contractual Claims / Judgment After Trial
Outcome
Judgment for 1st plaintiff Ng against defendants in sum HK$106,756; claim of 2nd plaintiff (TPL) dismissed
Legal Topics
Negligence, Vicarious Liability, Causation, Damages Expectation Vs Reliance, Wasted/pre Cancellation Expenses, Loss of Chance/publicity, Credibility/evidence, Sick Leave, Discovery
Source Language
EN
Tort Personal Injury Contract Law Civil Procedure Damages Law Negligence Vicarious Liability Causation +6 more

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Parties

Ng

1st Plaintiff

TPL (2nd Plaintiff)

2nd Plaintiff

YEUNG YIU KWAN

1st Defendant

TSANG SAU CHUN

2nd Defendant

Procedural Posture

Personal Injury (negligence) With Associated Contractual Claims / Judgment After Trial

Legal Issues

  1. 1 Whether defendants caused plaintiff's injuries and whether those injuries caused cancellation of Hong Kong concert
  2. 2 Whether 2nd plaintiff (TPL) suffered losses recoverable from defendants
  3. 3 Whether wasted pre-cancellation expenses are recoverable in tort where the event would likely have produced a loss

Ratio Decidendi

Judge found plaintiff Ng's injuries were mild and his and co-witness Chan's evidence unreliable; on balance the cancellation of the HK concert was caused by poor ticket sales and a face-saving reliance on the accident, not by the injuries; even if the accident had caused cancellation the pre-cancellation expenses would likely have been unrecoverable because the concert would have produced a loss; US concerts were not confirmed with venues so performance fee claim failed; accordingly plaintiffs recover PSLA HK$85,000 and special damages HK$21,756 (total judgment HK$106,756) and TPL's claim dismissed.

Court Disposition

Judgment for 1st plaintiff Ng against defendants in sum HK$106,756; claim of 2nd plaintiff (TPL) dismissed

Orders

  • Award to Ng: total HK$106,756 comprised of PSLA HK$85,000 and special damages HK$21,756
  • If wrong on causation as to wasted pre-cancellation expenses, plaintiffs would have been entitled to wasted pre-cancellation expenses HK$430,625 but court found otherwise and dismissed that claim as caused by poor ticket sales