CHENG WAI HUNG AND ANOTHER v. KWOK FUK KWAN JAMES AND OTHERS

CHENG WAI HUNG AND ANOTHER v. KWOK FUK KWAN JAMES AND OTHERS

The default judgment on liability remained un-set aside and therefore effective; quantum was assessed on the balance of medical evidence, contemporaneous sick leave and credible income evidence, producing awards of $158,000 to the 1st Plaintiff and $182,382.57 to the 2nd Plaintiff; no award for loss of earning capacity was made where no substantial future disadvantage was shown.

Citation
CHENG WAI HUNG AND ANOTHER v. KWOK FUK KWAN JAMES AND OTHERS
Parties
1st Plaintiff: Cheng Wai Hung; 2nd Plaintiff: Leung Wing Man; 1st Defendant: Kwok Fuk Kwan James; 2nd Defendant: Yick Tung Motor Company Limited; 3rd Defendant: Tugu Insurance Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 October 2009
Case Number
DCPI2032/2007
Procedural Posture
Personal Injuries Action / Judgment Delivered (district Court)
Outcome
Judgment for the 1st and 2nd Plaintiffs against the 1st and 2nd Defendants for assessed damages with interest; costs orders against defendants as specified; 3rd Defendant added as party but liabilities allocated as ordered.
Legal Topics
Quantum Assessment, Default Judgment, Credibility of Medical and Income Evidence, Interest on Damages, Costs
Source Language
EN
Tort Personal Injury Motor Vehicle Accidents Civil Procedure Damages Quantum Assessment Default Judgment Credibility of Medical and Income Evidence +2 more

Case Brief

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Parties

Cheng Wai Hung

1st Plaintiff

Leung Wing Man

2nd Plaintiff

Kwok Fuk Kwan James

1st Defendant

Yick Tung Motor Company Limited

2nd Defendant

Tugu Insurance Company Limited

3rd Defendant

Procedural Posture

Personal Injuries Action / Judgment Delivered (district Court)

Legal Issues

  1. 1 Whether default judgment on liability entered on 11 February 2008 remains effective
  2. 2 Appropriate quantum for pain, suffering and loss of amenities (PSLA)
  3. 3 Calculation and entitlement to pre-trial and future loss of earnings and MPF

Ratio Decidendi

The default judgment on liability remained un-set aside and therefore effective; quantum was assessed on the balance of medical evidence, contemporaneous sick leave and credible income evidence, producing awards of $158,000 to the 1st Plaintiff and $182,382.57 to the 2nd Plaintiff; no award for loss of earning capacity was made where no substantial future disadvantage was shown.

Court Disposition

Judgment for the 1st and 2nd Plaintiffs against the 1st and 2nd Defendants for assessed damages with interest; costs orders against defendants as specified; 3rd Defendant added as party but liabilities allocated as ordered.

Orders

  • The 1st and 2nd Defendants to pay the 1st Plaintiff $158,000 with interest; interest at 2% p.a. on $80,000 from 28.9.2007 to 14.10.2009; interest at 50% judgment rate on $78,000 (63,000+15,000) from 25.3.2005 to 14.10.2009; interest on $158,000 from 15.10.2009 to satisfaction at judgment rate; payment within 14 days.
  • The 1st and 2nd Defendants to pay the 2nd Plaintiff $182,382.57 with interest; interest on $90,000 from 28.9.2007 to 14.10.2009; interest at 50% judgment rate on $72,630.52 (70,070.52+2,560) from 25.3.2005 to 14.10.2009; interest on $182,382.57 from 15.10.2009 to satisfaction at judgment rate; payment within 14 days.