NASEEM-ABBAS AND ANOTHER v. RISING AERIAL PLATFORM COMPANY LTD AND OTHERS

NASEEM-ABBAS AND ANOTHER v. RISING AERIAL PLATFORM COMPANY LTD AND OTHERS

The court accepted the plaintiffs' evidence and the joint orthopaedic expert's opinions that both plaintiffs suffered the injuries claimed and reached maximal medical improvement with ongoing impairments affecting their ability to perform heavy construction work; accordingly the court allowed the claims for pre-trial and future loss of earnings in full and awarded loss of earning capacity to P1, entered judgment for the stated sums against D1, D2 and D3, and ordered interest and costs nisi against the defendants.

Citation
[2024] HKCFI 918
Parties
1st Plaintiff: NASEEM-ABBAS; 2nd Plaintiff: MAHMOOD, ANSAR; 1st Defendant: RISING AERIAL PLATFORM COMPANY LIMITED; 2nd Defendant: SUNRISE CONSTRUCTION ENGINEERING LIMITED; 3rd Defendant: FALCON INSURANCE COMPANY (HONG KONG) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 March 2024
Case Number
HCPI406/2019
Procedural Posture
Personal Injuries Action / Judgment on Quantum at Trial (court of First Instance)
Outcome
Judgment for 1st and 2nd Plaintiffs against 1st, 2nd and 3rd Defendants on quantum and costs
Legal Topics
Workplace Accident, Occupational Safety, Liability, Quantum of Damages, Pre Trial Loss of Earnings, Future Loss of Earnings, Loss of Earning Capacity, Interest on Damages, Costs
Source Language
EN
Personal Injury Tort Employment Insurance Civil Procedure Damages Workplace Accident Occupational Safety +7 more

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Parties

NASEEM-ABBAS

1st Plaintiff

MAHMOOD, ANSAR

2nd Plaintiff

RISING AERIAL PLATFORM COMPANY LIMITED

1st Defendant

SUNRISE CONSTRUCTION ENGINEERING LIMITED

2nd Defendant

FALCON INSURANCE COMPANY (HONG KONG) LIMITED

3rd Defendant

Procedural Posture

Personal Injuries Action / Judgment on Quantum at Trial (court of First Instance)

Legal Issues

  1. 1 Whether plaintiffs were entitled to pre-trial and future loss of earnings and other heads of damages
  2. 2 Whether plaintiffs exaggerated injuries and credibility of medical evidence
  3. 3 Whether loss of earning capacity should be awarded (in particular for P1)

Ratio Decidendi

The court accepted the plaintiffs' evidence and the joint orthopaedic expert's opinions that both plaintiffs suffered the injuries claimed and reached maximal medical improvement with ongoing impairments affecting their ability to perform heavy construction work; accordingly the court allowed the claims for pre-trial and future loss of earnings in full and awarded loss of earning capacity to P1, entered judgment for the stated sums against D1, D2 and D3, and ordered interest and costs nisi against the defendants.

Court Disposition

Judgment for 1st and 2nd Plaintiffs against 1st, 2nd and 3rd Defendants on quantum and costs

Orders

  • Judgment entered in favour of 1st Plaintiff for HKD 2891021 with breakdowns as set out in judgment
  • Judgment entered in favour of 2nd Plaintiff for HKD 5691611 with breakdowns as set out in judgment