LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

Court accepted medical and psychological evidence that the 9th plaintiff suffers chronic PTSD causally linked to the canopy collapse; quantified damages by awarding PSLA $500,000, special damages $27,865, future psychiatric/psychological treatment $520,000 (allowing for overlap), alternative learning strategy $150,000, discounted future tuition $20,000, and loss of future earnings $589,680 (multiplicand $12,000/month, multiplier 13, 70% contingency discount), plus interest, producing total assessed damages $1,859,249; costs to follow the nisi order taxed on a common fund basis.

Citation
LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS
Parties
1st Plaintiff: Lily Tse Lai Yin; 2nd Plaintiff: Tsui Ho; 3rd Plaintiff: Ng Pak Mui; 4th Plaintiff: Tsui Wai Nga (by her father and next friend); 5th Plaintiff: Tsui Siu On / Chan Min Wah; 6th Plaintiff: Leung Pui Ying (by her father and next friend); 7th Plaintiff: Tsui Sai Nui (Administrator of the Estate of Mo Yee, deceased); 8th Plaintiff: Ho Shiu Tak (by his father and next friend Ho Tung Shing); 9th Plaintiff: Leung Pui Yuk (by her father and next friend Leung Tai Fuk); 1st Defendant: The Incorporated Owners of Albert House (also known as The Owner Incorporation of Albert House); 2nd Defendant: Housing Management Agency Limited; 3rd Defendant: Ho Wing Hang; 4th Defendant: New Best Restaurant Limited; 5th Defendant: Aberdeen Winner Investment Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2001
Case Number
HCPI828/1997
Procedural Posture
Personal Injuries – Assessment of Damages Following Determined Liability / Assessment Hearing (assessment of Damages for 9th Plaintiff)
Outcome
Assessment granted in favour of the 9th plaintiff; damages quantified and awarded
Legal Topics
Post Traumatic Stress Disorder, Future Loss of Earnings, Special Damages, Interest, Costs
Source Language
EN
Tort Personal Injury Damages Assessment Medical Negligence/psychiatric Injury Post Traumatic Stress Disorder Future Loss of Earnings Special Damages Interest +1 more

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Parties

Lily Tse Lai Yin

1st Plaintiff

Tsui Ho

2nd Plaintiff

Ng Pak Mui

3rd Plaintiff

Tsui Wai Nga (by her father and next friend)

4th Plaintiff

Tsui Siu On / Chan Min Wah

5th Plaintiff

Leung Pui Ying (by her father and next friend)

6th Plaintiff

Tsui Sai Nui (Administrator of the Estate of Mo Yee, deceased)

7th Plaintiff

Ho Shiu Tak (by his father and next friend Ho Tung Shing)

8th Plaintiff

Leung Pui Yuk (by her father and next friend Leung Tai Fuk)

9th Plaintiff

The Incorporated Owners of Albert House (also known as The Owner Incorporation of Albert House)

1st Defendant

Housing Management Agency Limited

2nd Defendant

Ho Wing Hang

3rd Defendant

New Best Restaurant Limited

4th Defendant

Aberdeen Winner Investment Company Limited

5th Defendant

Procedural Posture

Personal Injuries – Assessment of Damages Following Determined Liability / Assessment Hearing (assessment of Damages for 9th Plaintiff)

Legal Issues

  1. 1 Whether the 9th plaintiff suffered psychiatric injury (PTSD) caused by the canopy collapse
  2. 2 Quantum for general damages (pain, suffering and loss of amenities) for psychiatric injury
  3. 3 Appropriate allowance for special damages and future medical/educational treatment and overlap between recommended treatments

Ratio Decidendi

Court accepted medical and psychological evidence that the 9th plaintiff suffers chronic PTSD causally linked to the canopy collapse; quantified damages by awarding PSLA $500,000, special damages $27,865, future psychiatric/psychological treatment $520,000 (allowing for overlap), alternative learning strategy $150,000, discounted future tuition $20,000, and loss of future earnings $589,680 (multiplicand $12,000/month, multiplier 13, 70% contingency discount), plus interest, producing total assessed damages $1,859,249; costs to follow the nisi order taxed on a common fund basis.

Court Disposition

Assessment granted in favour of the 9th plaintiff; damages quantified and awarded

Orders

  • General damages for pain, suffering and loss of amenities awarded at HKD 500000
  • Special damages awarded at HKD 27865