NAZIR BEGUM DIN AND OTHERS v. LEE KWEI YING, PEGGY AND ANOTHER

NAZIR BEGUM DIN AND OTHERS v. LEE KWEI YING, PEGGY AND ANOTHER

Court found on balance of probabilities that the accident caused the first plaintiff's physical back problems and psychiatric condition and the child's permanent scarring and likely future ankle surgery; the first plaintiff's irregular attendance for psychiatric treatment was not unreasonable in context and did not bar recovery; damages were assessed by reference to authorities (Lee Ting Lam, Li Ping Sum, Daswaney) and quantified across heads resulting in awards of HKD 583,799 to the first plaintiff and HKD 274,455 to the second plaintiff, with interest and directions for investment of the child's award.

Citation
NAZIR BEGUM DIN AND OTHERS v. LEE KWEI YING, PEGGY AND ANOTHER
Parties
1st Plaintiff: Nazir Begum Din; 2nd Plaintiff (infant): Fahimah Din (infant) by Kerm Din, father and next friend; 1st Defendant: Lee Kwei Ying, Peggy; 2nd Defendant: Law Shook Kuen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 June 1984
Case Number
HCA3811/1980
Procedural Posture
Personal Injury Motor Vehicle Accident (assessment of Damages) / Assessment of Damages (judgment Delivered 6 June 1984)
Outcome
Judgment for plaintiffs in assessed damages; total award HKD 858,254
Legal Topics
Pain and Suffering, Loss of Future Earnings, Special Damages, Future Medical Care, Causation, Mitigation, Interest on Damages, Assessment of Damages for Minors
Source Language
EN
Tort Personal Injury Negligence Damages Motor Vehicle Accident Pain and Suffering Loss of Future Earnings Special Damages +5 more

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Parties

Nazir Begum Din

1st Plaintiff

Fahimah Din (infant) by Kerm Din, father and next friend

2nd Plaintiff (infant)

Lee Kwei Ying, Peggy

1st Defendant

Law Shook Kuen

2nd Defendant

Procedural Posture

Personal Injury Motor Vehicle Accident (assessment of Damages) / Assessment of Damages (judgment Delivered 6 June 1984)

Legal Issues

  1. 1 Causation of physical and psychiatric injuries from the accident
  2. 2 Quantum of damages for pain, suffering and loss of amenities (PSLA)
  3. 3 Appropriate awards for future care, future medical treatment and special damages

Ratio Decidendi

Court found on balance of probabilities that the accident caused the first plaintiff's physical back problems and psychiatric condition and the child's permanent scarring and likely future ankle surgery; the first plaintiff's irregular attendance for psychiatric treatment was not unreasonable in context and did not bar recovery; damages were assessed by reference to authorities (Lee Ting Lam, Li Ping Sum, Daswaney) and quantified across heads resulting in awards of HKD 583,799 to the first plaintiff and HKD 274,455 to the second plaintiff, with interest and directions for investment of the child's award.

Court Disposition

Judgment for plaintiffs in assessed damages; total award HKD 858,254

Orders

  • First plaintiff awarded HKD 583,799 with credit for interim payments as per schedules and interest at 2% p.a. on PSLA from service of writ to judgment
  • Second plaintiff awarded HKD 274,455; sums for pain, suffering and loss of amenities, loss of future earnings and cost of future medical care totalling HKD 260,395 to be paid to the Registrar to be invested and applied for benefit of Fahimah Din with Registrar's discretion to make payments to Kerm Din for...