LAM SE TUEN AND OTHERS v. SIN PAK TONG AND OTHERS

LAM SE TUEN AND OTHERS v. SIN PAK TONG AND OTHERS

On the evidence the Master found no permanent disability for either plaintiff; he quantified loss of earnings for the father over specified periods, allowed special expenses including a bone setter's fee under authority, awarded general damages of $20,000 to the father and $12,500 to the son, and directed interest at 6.5% p.a. on special damages from the date of the accident and 2% p.a. on pain and suffering from service of the writ to trial with costs to be taxed under Legal Aid Regulations.

Citation
LAM SE TUEN AND OTHERS v. SIN PAK TONG AND OTHERS
Parties
1st Plaintiff: LAM SE TUEN; 2nd Plaintiff: LAM CHUN (infant suing by his father and next friend LAM SE TUEN); 1st Defendant: SIN PAK TONG; 2nd Defendant: YING LUEN COMPANY LIMITED; 3rd Defendant: CHAN LAI BING trading as LUNG WAH MOTOR ENGINEERING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 February 1985
Case Number
HCA1527/1982
Procedural Posture
Personal Injury (road Traffic Accident) / Assessment of Damages (master in Chambers, High Court)
Outcome
Damages awarded: 1st Plaintiff $39,877; 2nd Plaintiff $13,005; interest and costs as ordered.
Legal Topics
Assessment of Damages, Loss of Earnings, Special Damages, General Damages, Interest on Damages, Medical Evidence
Source Language
EN
Tort Personal Injury Road Traffic Accidents Civil Procedure Assessment of Damages Loss of Earnings Special Damages General Damages +2 more

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Parties

LAM SE TUEN

1st Plaintiff

LAM CHUN (infant suing by his father and next friend LAM SE TUEN)

2nd Plaintiff

SIN PAK TONG

1st Defendant

YING LUEN COMPANY LIMITED

2nd Defendant

CHAN LAI BING trading as LUNG WAH MOTOR ENGINEERING

3rd Defendant

Procedural Posture

Personal Injury (road Traffic Accident) / Assessment of Damages (master in Chambers, High Court)

Legal Issues

  1. 1 Quantum of damages for father (loss of earnings, special and general damages)
  2. 2 Quantum of damages for infant son (special and general damages)
  3. 3 Whether there was permanent disability or impairment

Ratio Decidendi

On the evidence the Master found no permanent disability for either plaintiff; he quantified loss of earnings for the father over specified periods, allowed special expenses including a bone setter's fee under authority, awarded general damages of $20,000 to the father and $12,500 to the son, and directed interest at 6.5% p.a. on special damages from the date of the accident and 2% p.a. on pain and suffering from service of the writ to trial with costs to be taxed under Legal Aid Regulations.

Court Disposition

Damages awarded: 1st Plaintiff $39,877; 2nd Plaintiff $13,005; interest and costs as ordered.

Orders

  • Award 1st Plaintiff damages totalling HKD 39,877.00.
  • Award 2nd Plaintiff damages totalling HKD 13,005.00.