SHABBINA KHOKHAR v. EUROPE BEAUTY INTERNATIONAL LTD

SHABBINA KHOKHAR v. EUROPE BEAUTY INTERNATIONAL LTD

The judge accepted the plaintiff's evidence and medical reports that the IPL treatment caused burns with permanent pigmentary changes and limited cosmetic disability; comparing authorities and the nature, location and impact of the injuries the judge assessed PSLA at $120,000, allowed the refund of $10,000 and special damages as claimed where supported, awarded interest as specified and ordered the defendant to pay the plaintiff's costs of the assessment.

Citation
SHABBINA KHOKHAR v. EUROPE BEAUTY INTERNATIONAL LTD
Parties
Beautician (employee of Defendant): Yeung Wing-Yee
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 January 2008
Case Number
DCPI579/2007
Procedural Posture
Assessment of Damages Personal Injury / Assessment Hearing Following Interlocutory Judgment
Outcome
Assessment allowed in favour of the Plaintiff; damages assessed and awarded, interest and costs ordered against Defendant.
Legal Topics
Burns From Cosmetic Treatment, Cosmetic Injury, Special Damages, Interest on Awards, Costs
Source Language
EN
Personal Injury Tort Damages Assessment Contract (service) Burns From Cosmetic Treatment Cosmetic Injury Special Damages Interest on Awards +1 more

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Parties

Yeung Wing-Yee

Beautician (employee of Defendant)

Procedural Posture

Assessment of Damages Personal Injury / Assessment Hearing Following Interlocutory Judgment

Legal Issues

  1. 1 Assessment of quantum for pain, suffering and loss of amenities resulting from burns caused by IPL treatment
  2. 2 Entitlement to refund for ineffective IPL treatment
  3. 3 Recovery of special damages (medical fees, clothing, alteration, cosmetics) and sufficiency of evidence for those claims

Ratio Decidendi

The judge accepted the plaintiff's evidence and medical reports that the IPL treatment caused burns with permanent pigmentary changes and limited cosmetic disability; comparing authorities and the nature, location and impact of the injuries the judge assessed PSLA at $120,000, allowed the refund of $10,000 and special damages as claimed where supported, awarded interest as specified and ordered the defendant to pay the plaintiff's costs of the assessment.

Court Disposition

Assessment allowed in favour of the Plaintiff; damages assessed and awarded, interest and costs ordered against Defendant.

Orders

  • Award PSLA of $120,000 to the Plaintiff
  • Refund of IPL treatment costs $10,000 to the Plaintiff