LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

The court accepted the unchallenged medical and expert evidence of permanent hypoxic brain injury and related deficits, placed the PSLA at the upper end of serious injury using comparable local awards, adopted the plaintiff's alternative multiplier/multiplicand calculation (with concessions by defendants) to fix future loss of earnings and awarded the specific unchallenged future care and training costs and special damages, resulting in total damages of HK$3,000,887.

Citation
LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS
Parties
1st Plaintiff: Lily Tse Lai Yin; 2nd Plaintiff: Tsui Ho; 3rd Plaintiff: Ng Pak Mui; 4th Plaintiff: Tsui Wai Nga (by her father and next friend); 5th Plaintiff: Tsui Siu On Chan Min Wah; 6th Plaintiff: Leung Pui Ying (by her father and next friend); 7th Plaintiff: Leung Tai Fuk; 7th Plaintiff (continued): Tsui Sai Nui (Administrator of the Estate of Mo Yee, deceased); 8th Plaintiff: Ho Shiu Tak (by his father and next friend); 9th Plaintiff: Ho Tung Shing; 9th Plaintiff (continued): Leung Pui Yuk (by her father and next friend); 1st Defendant: The Incorporated Owners of Albert House (also known as The Owner Incorporation of Albert House); 2nd Defendant: Housing Management Agency Limited; 3rd Defendant: Ho Wing Hang; 4th Defendant: New Best Restaurant Limited; 5th Defendant: Aberdeen Winner Investment Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2001
Case Number
HCPI828/1997
Procedural Posture
Personal Injuries Assessment of Damages Following Liability Determined / Assessment of Damages (post Trial)
Outcome
Assessment awarded in favour of the 6th Plaintiff in the total sum of HK$3,000,887; costs order nisi that defendants bear costs of assessment to be taxed on a common fund basis if not agreed; 6th plaintiff's own costs to be taxed under Legal Aid Regulations.
Legal Topics
Assessment of General Damages (psla), Future Loss of Earnings (multiplier/multiplicand), Special Damages, Future Care and Therapy Costs, Interest on Damages, Child Injury
Source Language
EN
Tort Personal Injury Negligence Civil Procedure Damages Assessment Assessment of General Damages (psla) Future Loss of Earnings (multiplier/multiplicand) Special Damages Future Care and Therapy Costs +2 more

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Parties

Lily Tse Lai Yin

1st Plaintiff

Tsui Ho

2nd Plaintiff

Ng Pak Mui

3rd Plaintiff

Tsui Wai Nga (by her father and next friend)

4th Plaintiff

Tsui Siu On Chan Min Wah

5th Plaintiff

Leung Pui Ying (by her father and next friend)

6th Plaintiff

Leung Tai Fuk

7th Plaintiff

Tsui Sai Nui (Administrator of the Estate of Mo Yee, deceased)

7th Plaintiff (continued)

Ho Shiu Tak (by his father and next friend)

8th Plaintiff

Ho Tung Shing

9th Plaintiff

Leung Pui Yuk (by her father and next friend)

9th Plaintiff (continued)

The Incorporated Owners of Albert House (also known as The Owner Incorporation of Albert House)

1st Defendant

Housing Management Agency Limited

2nd Defendant

Ho Wing Hang

3rd Defendant

New Best Restaurant Limited

4th Defendant

Aberdeen Winner Investment Company Limited

5th Defendant

Procedural Posture

Personal Injuries Assessment of Damages Following Liability Determined / Assessment of Damages (post Trial)

Legal Issues

  1. 1 Quantum of general damages for serious brain/visual/psychological injury to an infant
  2. 2 Assessment and allowance of special (pre-trial) damages
  3. 3 Appropriate method for future loss of earnings (chance/percentage and multiplier/multiplicand) for a child

Ratio Decidendi

The court accepted the unchallenged medical and expert evidence of permanent hypoxic brain injury and related deficits, placed the PSLA at the upper end of serious injury using comparable local awards, adopted the plaintiff's alternative multiplier/multiplicand calculation (with concessions by defendants) to fix future loss of earnings and awarded the specific unchallenged future care and training costs and special damages, resulting in total damages of HK$3,000,887.

Court Disposition

Assessment awarded in favour of the 6th Plaintiff in the total sum of HK$3,000,887; costs order nisi that defendants bear costs of assessment to be taxed on a common fund basis if not agreed; 6th plaintiff's own costs to be taxed under Legal Aid Regulations.

Orders

  • General damages (PSLA) assessed at HK$600000
  • Special damages (pre-trial) allowed HK$41540