AZHAR HUSSAIN v. FASTCUT SERVICES LTD AND ANOTHER

AZHAR HUSSAIN v. FASTCUT SERVICES LTD AND ANOTHER

The court accepted the plaintiff had a residual ankle injury reducing his capacity, awarded pre-trial and post-trial loss of earnings and loss of earning capacity (using adopted monthly and multiplier), applied a 5% MPF contribution, reduced damages by 10% contributory negligence, and held that the 2nd Defendant was contractually obliged by the accepted quotation to provide insurance/indemnify the 1st Defendant for the plaintiff's claim.

Citation
AZHAR HUSSAIN v. FASTCUT SERVICES LTD AND ANOTHER
Parties
Plaintiff: Azhar Hussain; 1st Defendant: Fastcut Services Limited; 2nd Defendant: Videlec Investment Limited trading as Ran Contracting
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 February 2006
Case Number
DCPI902/2004
Procedural Posture
Personal Injuries Action No. 902 of 2004 / Judgment (decision on Damages and Indemnity)
Outcome
Judgment for the Plaintiff against the 1st and 2nd Defendants; 1st Defendant entitled to indemnity by the 2nd Defendant
Legal Topics
Loss of Earnings, Loss of Earning Capacity, Contributory Negligence, Indemnity Between Contractors, Assessment of Damages, MPF Contribution, Credibility of Witnesses
Source Language
EN
Personal Injury Tort Contract Employment Insurance Indemnity Workers' Compensation Loss of Earnings +6 more

Case Brief

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Parties

Azhar Hussain

Plaintiff

Fastcut Services Limited

1st Defendant

Videlec Investment Limited trading as Ran Contracting

2nd Defendant

Procedural Posture

Personal Injuries Action No. 902 of 2004 / Judgment (decision on Damages and Indemnity)

Legal Issues

  1. 1 Whether there is pre-trial loss of earnings beyond sick leave
  2. 2 Whether there is post-trial loss of earnings
  3. 3 Whether plaintiff is entitled to damages for loss of earning capacity

Ratio Decidendi

The court accepted the plaintiff had a residual ankle injury reducing his capacity, awarded pre-trial and post-trial loss of earnings and loss of earning capacity (using adopted monthly and multiplier), applied a 5% MPF contribution, reduced damages by 10% contributory negligence, and held that the 2nd Defendant was contractually obliged by the accepted quotation to provide insurance/indemnify the 1st Defendant for the plaintiff's claim.

Court Disposition

Judgment for the Plaintiff against the 1st and 2nd Defendants; 1st Defendant entitled to indemnity by the 2nd Defendant

Orders

  • Judgment for the Plaintiff against the 1st and 2nd Defendants in the sum of $898,599.28 after 10% contributory negligence
  • Interest on $270,000.00 at 2% per annum from date of service of Writ to date of judgment and interest on $5,693.40 at half judgment rate from date of accident to date of judgment and thereafter at full judgment rate until payment