ASHOK G. C. v. KAM KEE CONSTRUCTION WORKS LTD AND ANOTHER

ASHOK G. C. v. KAM KEE CONSTRUCTION WORKS LTD AND ANOTHER

Master Hui accepted that the accident aggravated pre-existing lumbar pathology but did not produce catastrophic disability; awarded PSLA as conceded at HK$180,000, found the correct daily wage was HK$600 with 22 working days per month, applied a 40% reduction for pre-existing conditions, adopted a multiplier of 12 for future loss, and calculated pre-trial and future loss figures accordingly, added statutory MPF allowances and set interest and costs as detailed in the judgment.

Citation
ASHOK G. C. v. KAM KEE CONSTRUCTION WORKS LTD AND ANOTHER
Parties
Plaintiff: Ashok G. C.; 1st Defendant: Kam Kee Construction Works Limited; 2nd Defendant: Costain China Harbour Joint Venture
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 March 2006
Case Number
HCPI691/2004
Procedural Posture
Personal Injuries Action / Assessment of Damages (interlocutory Judgment on Liability Obtained)
Outcome
Assessment of damages for Plaintiff. Damages awarded after deductions and adjustments in favour of Plaintiff.
Legal Topics
Assessment of Damages, Loss of Earnings, Pain and Suffering, Apportionment for Pre Existing Condition, Credibility and Surveillance Evidence, Interest and Costs
Source Language
EN
Personal Injury Tort Employment Law Occupiers' Liability Assessment of Damages Loss of Earnings Pain and Suffering Apportionment for Pre Existing Condition +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Ashok G. C.

Plaintiff

Kam Kee Construction Works Limited

1st Defendant

Costain China Harbour Joint Venture

2nd Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages (interlocutory Judgment on Liability Obtained)

Legal Issues

  1. 1 Quantum of damages after liability determined
  2. 2 Appropriate daily wage and working days for loss calculations
  3. 3 Whether plaintiff can return to pre-accident employment

Ratio Decidendi

Master Hui accepted that the accident aggravated pre-existing lumbar pathology but did not produce catastrophic disability; awarded PSLA as conceded at HK$180,000, found the correct daily wage was HK$600 with 22 working days per month, applied a 40% reduction for pre-existing conditions, adopted a multiplier of 12 for future loss, and calculated pre-trial and future loss figures accordingly, added statutory MPF allowances and set interest and costs as detailed in the judgment.

Court Disposition

Assessment of damages for Plaintiff. Damages awarded after deductions and adjustments in favour of Plaintiff.

Orders

  • Award damages to Plaintiff in accordance with the assessment (final payable sum HK$762,046.68)
  • Interest: on special damages from date of accident to date of judgment at half judgment rate and thereafter at judgment rate until payment; interest at 2% on PSLA from date of writ to date of judgment and thereafter at judgment rate until payment