NG TING CHUN v. CHUNG MAN CHUN, PHILIP

NG TING CHUN v. CHUNG MAN CHUN, PHILIP

Judge found plaintiff generally unreliable and that medical evidence established a mild sprain with no permanent impairment; plaintiff was fit to resume pre-accident work by end of January 2006; pre-accident income assessed at HKD 18,400 per month; awarded PSLA HKD 80,000, pre-trial loss HKD 92,000 and special damages HKD 4,320 totalling HKD 176,320, with specified interest and costs order nisi.

Citation
NG TING CHUN v. CHUNG MAN CHUN, PHILIP
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 June 2008
Case Number
DCPI1070/2007
Procedural Posture
Personal Injury Tort / Assessment of Damages
Outcome
Assessment in favour of Plaintiff with judgment for assessed damages; most major claims reduced based on credibility and medical evidence
Legal Topics
Pain and Suffering, Loss of Earnings, Loss of Earning Capacity, Credibility, Quantum
Source Language
EN
Personal Injury Tort Damages Evidence Pain and Suffering Loss of Earnings Loss of Earning Capacity Credibility +1 more

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Procedural Posture

Personal Injury Tort / Assessment of Damages

Legal Issues

  1. 1 Credibility of the plaintiff and effect on quantum
  2. 2 Nature and permanency of injury (mild sprain vs disc herniation)
  3. 3 Pre-accident earnings and proof of loss

Ratio Decidendi

Judge found plaintiff generally unreliable and that medical evidence established a mild sprain with no permanent impairment; plaintiff was fit to resume pre-accident work by end of January 2006; pre-accident income assessed at HKD 18,400 per month; awarded PSLA HKD 80,000, pre-trial loss HKD 92,000 and special damages HKD 4,320 totalling HKD 176,320, with specified interest and costs order nisi.

Court Disposition

Assessment in favour of Plaintiff with judgment for assessed damages; most major claims reduced based on credibility and medical evidence

Orders

  • Award to Plaintiff of damages totalling HKD 176,320
  • Particulars: General damages (PSLA) HKD 80,000; Pre-trial loss of earnings HKD 92,000; Special damages HKD 4,320 (medical HKD 3,520; travelling HKD 500; tonic food HKD 300)