TO KIN SHAN AND OTHERS v. CHAN HOK LEUNG t/a YAU BONG METAL MANUFACTORY AND ANOTHER

TO KIN SHAN AND OTHERS v. CHAN HOK LEUNG t/a YAU BONG METAL MANUFACTORY AND ANOTHER

Court accepted plaintiff's expert assessment of 25% impairment, awarded $40,000 for pain, suffering and loss of amenities, $84,240 for loss of future earning capacity based on proven $15/day loss and multiplier 18, allowed special damages of $9,095 (including proved pre-trial wages of $9,000 and travel $95), deducted $11,332 Workmen's Compensation, awarded specified interest on heads and costs to the plaintiff.

Citation
TO KIN SHAN AND OTHERS v. CHAN HOK LEUNG t/a YAU BONG METAL MANUFACTORY AND ANOTHER
Parties
1st Plaintiff (minor by Next Friend): TO KIN SHAN; 2nd Plaintiff: TO KWAI LAN; 1st Defendant: CHAN HOK LEUNG trading as YAU BONG METAL MANUFACTORY; 2nd Defendant: CHAN KONG FU trading as SUN YAU BONG METAL MANUFACTURE FACTORY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 March 1984
Case Number
HCA4123/1982
Procedural Posture
Personal Injury Assessment of Damages (workplace Accident) / Assessment of Damages by Master in Chambers (judgment)
Outcome
Judgment for Plaintiffs
Legal Topics
Amputation, Loss of Earning Capacity, Pain and Suffering, Special Damages, Interest, Deduction of Statutory Compensation
Source Language
EN
Personal Injury Employment Law Workmen's Compensation Amputation Loss of Earning Capacity Pain and Suffering Special Damages Interest +1 more

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Parties

TO KIN SHAN

1st Plaintiff (minor by Next Friend)

TO KWAI LAN

2nd Plaintiff

CHAN HOK LEUNG trading as YAU BONG METAL MANUFACTORY

1st Defendant

CHAN KONG FU trading as SUN YAU BONG METAL MANUFACTURE FACTORY

2nd Defendant

Procedural Posture

Personal Injury Assessment of Damages (workplace Accident) / Assessment of Damages by Master in Chambers (judgment)

Legal Issues

  1. 1 Quantum of general damages for pain, suffering and loss of amenities
  2. 2 Method of calculating future loss of earnings (actual loss v. percentage disability and multiplier)
  3. 3 Proof and allowance of pre-trial loss of wages and travelling/medical expenses

Ratio Decidendi

Court accepted plaintiff's expert assessment of 25% impairment, awarded $40,000 for pain, suffering and loss of amenities, $84,240 for loss of future earning capacity based on proven $15/day loss and multiplier 18, allowed special damages of $9,095 (including proved pre-trial wages of $9,000 and travel $95), deducted $11,332 Workmen's Compensation, awarded specified interest on heads and costs to the plaintiff.

Court Disposition

Judgment for Plaintiffs

Orders

  • General damages for pain, suffering and loss of amenities awarded HKD 40000
  • Loss of future earning capacity awarded HKD 84240