CHAN HONG v. FOO YEE NUI

CHAN HONG v. FOO YEE NUI

The judge found the defendant's evidence dishonest, accepted the plaintiff and independent witness accounts that the defendant pushed the plaintiff causing a fractured left femur, and awarded special and general damages with specified interest rates.

Citation
CHAN HONG v. FOO YEE NUI
Parties
Plaintiff: CHAN Hong; Defendant: FOO Yee Nui
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 May 1983
Case Number
HCA8170/1982
Procedural Posture
Personal Injury (assault Causing Bodily Harm) / Judgment Delivered
Outcome
Judgment for the plaintiff
Legal Topics
Assault Causing Actual Bodily Harm, Assessment of Damages, Credibility of Witnesses, Interest on Damages, Criminal Conviction Relevance
Source Language
EN
Tort Personal Injury Assault Damages Assault Causing Actual Bodily Harm Assessment of Damages Credibility of Witnesses Interest on Damages +1 more

Case Brief

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Parties

CHAN Hong

Plaintiff

FOO Yee Nui

Defendant

Procedural Posture

Personal Injury (assault Causing Bodily Harm) / Judgment Delivered

Legal Issues

  1. 1 Whether the defendant assaulted the plaintiff causing the fracture
  2. 2 Appropriate quantum of special and general damages
  3. 3 Credibility of the parties and weight of the independent witness

Ratio Decidendi

The judge found the defendant's evidence dishonest, accepted the plaintiff and independent witness accounts that the defendant pushed the plaintiff causing a fractured left femur, and awarded special and general damages with specified interest rates.

Court Disposition

Judgment for the plaintiff

Orders

  • Special damages: Maintenance charges (Caritas Medical Centre) $210
  • Special damages: Follow-up charges (Caritas Medical Centre) $60