IRVING MATTHEW WILLIAM AND ANOTHER v. MAN CHUN YEUNG AND ANOTHER

IRVING MATTHEW WILLIAM AND ANOTHER v. MAN CHUN YEUNG AND ANOTHER

Defendants admitted liability; on quantum the court accepted contemporaneous medical reports for the minor and awarded PSLA of HK$180,000 based on comparators and medical evidence showing recovery and minimal permanent impairment; awarded PSLA of HK$30,000 to the mother for a back sprain only because psychiatric/nervous shock and future medical needs were not pleaded or supported by expert evidence; disallowed father's loss of earnings, future medical expenses and removal/deposit claims for lack of evidential foundation; awarded agreed special damages HK$7,761; directed payment arrangements, interest and costs accordingly.

Citation
IRVING MATTHEW WILLIAM AND ANOTHER v. MAN CHUN YEUNG AND ANOTHER
Parties
1st Plaintiff (minor; Suing by His Father and Next Friend Irving William Samuel): Irving Matthew William; 2nd Plaintiff (mother): Wong Yui Shan Vanness; 1st Defendant: Man Chun Yeung; 2nd Defendant: Man Gregory Ching Kwan
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
23 March 2016
Case Number
DCPI2242/2013
Procedural Posture
Personal Injuries Action (district Court) / Judgment (assessment of Damages)
Outcome
Judgment for plaintiffs in part against both defendants (liability admitted); damages and costs awarded as specified.
Legal Topics
Assessment of Damages, Psychiatric Injury, Special Damages, Interest, Costs, Unauthorized Structure Allegation
Source Language
EN
Tort Occupiers' Liability Personal Injury Negligence Assessment of Damages Psychiatric Injury Special Damages Interest +2 more

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Parties

Irving Matthew William

1st Plaintiff (minor; Suing by His Father and Next Friend Irving William Samuel)

Wong Yui Shan Vanness

2nd Plaintiff (mother)

Man Chun Yeung

1st Defendant

Man Gregory Ching Kwan

2nd Defendant

Procedural Posture

Personal Injuries Action (district Court) / Judgment (assessment of Damages)

Legal Issues

  1. 1 Whether defendants liable (admitted)
  2. 2 Quantum of PSLA for the minor plaintiff
  3. 3 Quantum of PSLA for the mother

Ratio Decidendi

Defendants admitted liability; on quantum the court accepted contemporaneous medical reports for the minor and awarded PSLA of HK$180,000 based on comparators and medical evidence showing recovery and minimal permanent impairment; awarded PSLA of HK$30,000 to the mother for a back sprain only because psychiatric/nervous shock and future medical needs were not pleaded or supported by expert evidence; disallowed father's loss of earnings, future medical expenses and removal/deposit claims for lack of evidential foundation; awarded agreed special damages HK$7,761; directed payment arrangements, interest and costs accordingly.

Court Disposition

Judgment for plaintiffs in part against both defendants (liability admitted); damages and costs awarded as specified.

Orders

  • Award HK$180,000 as PSLA to the 1st plaintiff (Irving Matthew William); the whole sum to be paid into court and invested pursuant to Order 80 Rule 12, Rules of the District Court, Cap 336 H
  • Award HK$30,000 as PSLA to the 2nd plaintiff (Wong Yui Shan Vanness) to be paid to her