CHAN KAM FAI v. 李志傑經營之惠林運輸公司

CHAN KAM FAI v. 李志傑經營之惠林運輸公司

Court accepted applicant's unchallenged factual matrix and applied statutory provisions (Sections 9, 10 and 10A) to award damages totalling $50,153.98, interest at half judgment rate from 4 March 2006 to 5 November 2010 and full judgment rate thereafter until payment, and costs to the applicant to be taxed with applicant's own costs taxed per Legal Aid Regulations.

Citation
CHAN KAM FAI v. 李志傑經營之惠林運輸公司
Parties
Applicant: Applicant; Respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 November 2010
Case Number
DCEC1353/2007
Procedural Posture
Personal Injury Assessment of Damages / Assessment of Quantum (post Liability)
Outcome
Judgment entered for applicant on quantum; damages assessed and awarded with interest and costs.
Legal Topics
Compensation Assessment, Damages, Interest, Costs, Medical Expenses, Loss of Earnings
Source Language
EN
Personal Injury Tort Civil Procedure Compensation Assessment Damages Interest Costs Medical Expenses +1 more

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Personal Injury Assessment of Damages / Assessment of Quantum (post Liability)

Legal Issues

  1. 1 Quantum of damages for loss of earning capacity
  2. 2 Calculation of sick leave compensation and deduction of periodical payments
  3. 3 Entitlement to medical expenses

Ratio Decidendi

Court accepted applicant's unchallenged factual matrix and applied statutory provisions (Sections 9, 10 and 10A) to award damages totalling $50,153.98, interest at half judgment rate from 4 March 2006 to 5 November 2010 and full judgment rate thereafter until payment, and costs to the applicant to be taxed with applicant's own costs taxed per Legal Aid Regulations.

Court Disposition

Judgment entered for applicant on quantum; damages assessed and awarded with interest and costs.

Orders

  • Damages assessed and awarded to applicant in the sum of $50,153.98
  • Interest at half judgment rate from 4 March 2006 to 5 November 2010; thereafter interest at full judgment rate until payment in full