LEE LUNG WAH AND OTHERS v. LAU KAM SHUN AND ANOTHER

LEE LUNG WAH AND OTHERS v. LAU KAM SHUN AND ANOTHER

Court accepted parts of plaintiffs' medical evidence and rejected other complaints for lack of objective support; quantified awards by accepting certain impairments (leading to 'serious injury' for 2nd plaintiff), adjusting days worked and multipliers for economic reality, disallowing or reducing unsupported special expenses, and awarding interest and costs as stated.

Citation
LEE LUNG WAH AND OTHERS v. LAU KAM SHUN AND ANOTHER
Parties
1st Plaintiff: LEE LUNG WAH; 2nd Plaintiff: LI CHUNG SUN; 3rd Plaintiff: SO KWOK HOI; 4th Plaintiff: LI HOI HUNG; 5th Plaintiff: TSANG NAM HO; 1st Defendant: LAU KAM SHUN; 2nd Defendant: YAN YAN MOTORS LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 February 2003
Case Number
HCPI1534/2000
Procedural Posture
Personal Injuries Action No.1534 of 2000 / Assessment of Damages (post Judgment)
Outcome
Assessment of damages in favour of the 2nd and 5th plaintiffs against the 1st defendant; specific awards and orders as set out.
Legal Topics
Assessment of General Damages, Pre Trial and Future Loss of Earnings, Special Damages, Mandatory Provident Fund Contributions, Medical Evidence and Credibility, Interest and Costs
Source Language
EN
Personal Injury Tort Damages Assessment Road Traffic Accident Employment/earnings Law Assessment of General Damages Pre Trial and Future Loss of Earnings Special Damages +3 more

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Parties

LEE LUNG WAH

1st Plaintiff

LI CHUNG SUN

2nd Plaintiff

SO KWOK HOI

3rd Plaintiff

LI HOI HUNG

4th Plaintiff

TSANG NAM HO

5th Plaintiff

LAU KAM SHUN

1st Defendant

YAN YAN MOTORS LTD

2nd Defendant

Procedural Posture

Personal Injuries Action No.1534 of 2000 / Assessment of Damages (post Judgment)

Legal Issues

  1. 1 quantification of general damages for pain, suffering and loss of amenities
  2. 2 calculation of pre-trial and future loss of earnings and appropriate multipliers
  3. 3 assessment and admissibility of special damages and MPF contributions

Ratio Decidendi

Court accepted parts of plaintiffs' medical evidence and rejected other complaints for lack of objective support; quantified awards by accepting certain impairments (leading to 'serious injury' for 2nd plaintiff), adjusting days worked and multipliers for economic reality, disallowing or reducing unsupported special expenses, and awarding interest and costs as stated.

Court Disposition

Assessment of damages in favour of the 2nd and 5th plaintiffs against the 1st defendant; specific awards and orders as set out.

Orders

  • 2nd Plaintiff (Li Chung Sun) awarded general damages for pain, suffering and loss of amenities $500,000
  • 2nd Plaintiff awarded pre-trial loss of earnings $571,400