SHABAR REHMAN v. SUNNY SUCCESS HOLDINGS LTD AND ANOTHER

SHABAR REHMAN v. SUNNY SUCCESS HOLDINGS LTD AND ANOTHER

The court found the injury was a superficial 3cm laceration that healed with no structural damage, accepted the objective expert evidence that the plaintiff exaggerated symptoms, adopted the government average wage in absence of reliable proof, concluded there was no loss of future earnings or loss of earning...

Source-derived case information.

Citation
[2022] HKDC 1403
Parties
Plaintiff/applicant: SHABAR REHMAN; 1st Defendant/respondent: SUNNY SUCCESS HOLDINGS LIMITED; 2nd Defendant: EMPLOYEES’ COMPENSATION ASSISTANCE FUND BOARD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 December 2022
Case Number
DCPI2437/2020
Procedural Posture
Employees' Compensation (dcec 367/2020) and Personal Injuries (dcpi 2437/2020) Assessment of Compensation and Damages / Assessment Hearings and Judgment
Outcome
Judgment for plaintiff in part on quantum but defendant Sunny Success absent; appeal against Form 7 dismissed; costs orders including indemnity costs against plaintiff in favour of Fund Board (nisi).
Legal Topics
Assessment of Damages, Loss of Earning Capacity, Costs Indemnity, Medical Expert Evidence, Pre Judgment and Post Judgment Interest, Use of Statistical Wage Evidence
Source Language
en
Employment Law Personal Injury Tort Workers' Compensation Civil Procedure Assessment of Damages Loss of Earning Capacity Costs Indemnity +3 more

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Parties

SHABAR REHMAN

Plaintiff/applicant

SUNNY SUCCESS HOLDINGS LIMITED

1st Defendant/respondent

EMPLOYEES’ COMPENSATION ASSISTANCE FUND BOARD

2nd Defendant

Procedural Posture

Employees' Compensation (dcec 367/2020) and Personal Injuries (dcpi 2437/2020) Assessment of Compensation and Damages / Assessment Hearings and Judgment

Legal Issues

  1. 1 extent of injury
  2. 2 ability to resume work
  3. 3 monthly income prior to accident

Ratio Decidendi

The court found the injury was a superficial 3cm laceration that healed with no structural damage, accepted the objective expert evidence that the plaintiff exaggerated symptoms, adopted the government average wage in absence of reliable proof, concluded there was no loss of future earnings or loss of earning capacity, awarded limited PSLA and special damages, dismissed the appeal against Form 7, and made a costs order nisi requiring the plaintiff to pay the Fund Board's costs on an indemnity basis due to dishonest exaggeration.

Court Disposition

Judgment for plaintiff in part on quantum but defendant Sunny Success absent; appeal against Form 7 dismissed; costs orders including indemnity costs against plaintiff in favour of Fund Board (nisi).

Orders

  • In DCEC 367/2020 (EC Action): Sunny Success to pay the plaintiff HK$14,920.55; plaintiff's notice of appeal against Form 7 dismissed.
  • In DCPI 2437/2020 (PI Action): Fund Board to pay plaintiff general damages HK$50,000 and special damages HK$18,775.93 to plaintiff, with deduction of HK$14,920.55 awarded in EC Action.