ZHONG RUYIN v. FUK ON HOME OF THE AGED LTD

ZHONG RUYIN v. FUK ON HOME OF THE AGED LTD

Leave to appeal refused because the defendant's grounds lacked prospects of success on the assessment of damages and related issues; the court held it was not bound by the plaintiff's statement of special damages for continuing losses and correctly assessed awards on the evidence; plaintiff entitled to enhanced interest (2% above the usual 2% rate for special damages from 18 August 2011 to date of judgment) and to costs taxed party and party up to 17 August 2011 and on an indemnity basis thereafter; application for stay of costs nisi refused.

Citation
ZHONG RUYIN v. FUK ON HOME OF THE AGED LTD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 April 2012
Case Number
DCPI1795/2010
Procedural Posture
Personal Injury (civil) / Application for Leave to Appeal and Applications Relating to Post‑judgment Interest and Costs (district Court)
Outcome
Leave to appeal refused; application for stay of costs nisi refused; enhanced interest and costs orders granted in part.
Legal Topics
Assessment of Damages, Pain and Suffering and Loss of Amenities, Statement of Special Damages, Sanctioned Offer (order 22), Stay of Costs Nisi, Loss of Earnings, Leave to Appeal
Source Language
EN
Civil Personal Injuries Costs and Interest Appeal Assessment of Damages Pain and Suffering and Loss of Amenities Statement of Special Damages Sanctioned Offer (order 22) +3 more

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Procedural Posture

Personal Injury (civil) / Application for Leave to Appeal and Applications Relating to Post‑judgment Interest and Costs (district Court)

Legal Issues

  1. 1 Whether the award for pain, suffering and loss of amenities (PSLA) was excessive
  2. 2 Whether the court is bound by the plaintiff's statement of special damages/revised statement of damages in assessing notional earnings and MPF
  3. 3 Whether the plaintiff's right knee pain (allegedly unrelated to the accident) should be taken into account in assessing loss of earnings

Ratio Decidendi

Leave to appeal refused because the defendant's grounds lacked prospects of success on the assessment of damages and related issues; the court held it was not bound by the plaintiff's statement of special damages for continuing losses and correctly assessed awards on the evidence; plaintiff entitled to enhanced interest (2% above the usual 2% rate for special damages from 18 August 2011 to date of judgment) and to costs taxed party and party up to 17 August 2011 and on an indemnity basis thereafter; application for stay of costs nisi refused.

Court Disposition

Leave to appeal refused; application for stay of costs nisi refused; enhanced interest and costs orders granted in part.

Orders

  • Leave to appeal refused
  • Application for stay of costs nisi order refused