BOKHIM DIL KUMAR v. DRAGAGES HONG KONG LTD AND ANOTHER

BOKHIM DIL KUMAR v. DRAGAGES HONG KONG LTD AND ANOTHER

Liability was admitted at 95%; on evidence the accident caused the Plaintiff's back injury but objective medical findings and positive Waddell signs undermined the seriousness of his subjective complaints, so the back injury was a mild contusion/sprain with largely recovery; accordingly court awarded specified sums for PSLA, past loss of earnings, loss of earning capacity and special damages, reduced total by agreed 5% liability apportionment, credited Employees Compensation Ordinance payments, and ordered payment of the net sum with interest and costs as taxed.

Citation
[2020] HKCFI 3136
Parties
Plaintiff: Bokhim Dil Kumar; 1st Defendant: Dragages Hong Kong Limited; 2nd Defendant: Dragages Bouygues Joint Venture
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 December 2020
Case Number
HCPI995/2018
Procedural Posture
Personal Injuries / Judgment (quantum)
Outcome
Judgment for Plaintiff in the net sum of HKD 913,321.30 with pre-judgment interest as specified; costs order nisi in favour of Plaintiff (costs to be taxed on High Court scale if not agreed)
Legal Topics
Causation, Quantum, Loss of Earnings, General Damages, Expert Evidence, Credibility, Waddell Signs, Interest, Costs
Source Language
EN
Personal Injury Tort Employment Law Civil Procedure Causation Quantum Loss of Earnings General Damages +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Bokhim Dil Kumar

Plaintiff

Dragages Hong Kong Limited

1st Defendant

Dragages Bouygues Joint Venture

2nd Defendant

Procedural Posture

Personal Injuries / Judgment (quantum)

Legal Issues

  1. 1 Whether the Plaintiff's back injury was caused by the accident
  2. 2 Extent and severity of the Plaintiff's back injury
  3. 3 Credibility of the Plaintiff and reliability of subjective complaints

Ratio Decidendi

Liability was admitted at 95%; on evidence the accident caused the Plaintiff's back injury but objective medical findings and positive Waddell signs undermined the seriousness of his subjective complaints, so the back injury was a mild contusion/sprain with largely recovery; accordingly court awarded specified sums for PSLA, past loss of earnings, loss of earning capacity and special damages, reduced total by agreed 5% liability apportionment, credited Employees Compensation Ordinance payments, and ordered payment of the net sum with interest and costs as taxed.

Court Disposition

Judgment for Plaintiff in the net sum of HKD 913,321.30 with pre-judgment interest as specified; costs order nisi in favour of Plaintiff (costs to be taxed on High Court scale if not agreed)

Orders

  • Defendants to pay Plaintiff HKD 913,321.30 with pre-judgment interest as set out in judgment paragraph 48; interest to run at judgment rate thereafter until payment
  • Costs order nisi: Defendants to pay costs of the action (including reserved costs) to be taxed on High Court scale if not agreed; Plaintiff's own costs to be taxed in accordance with the Legal Aid Regulations