CHAN KAI SING v. YIP CHEUNG SHING AND ANOTHER

CHAN KAI SING v. YIP CHEUNG SHING AND ANOTHER

The 1st defendant was negligent in failing to negotiate a large vehicle past parked cars and his vehicle clipped the plaintiff's van; however the collision was minor and the plaintiff's residual symptoms were attributable mainly to advanced pre-existing cervical spondylosis and a later 2010 accident. The plaintiff's...

Source-derived case information.

Citation
CHAN KAI SING v. YIP CHEUNG SHING AND ANOTHER
Parties
Plaintiff: CHAN KAI SING; 1st Defendant: YIP CHEUNG SHING; 2nd Defendant: SHUM ON TRANSPORTATION LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 October 2014
Case Number
HCPI505/2011
Procedural Posture
Personal Injuries Action / Judgment (court of First Instance)
Outcome
Judgment for the plaintiff in part. Damages awarded in the total sum of HKD 130,017.60. No award for future loss of earnings or permanent impairment. 2nd defendant ordered to pay plaintiff's costs to be taxed; no order as to costs between plaintiff and 1st defendant (both on legal aid); plaintiff's own costs to be...
Legal Topics
Negligence, Causation, Quantum of Damages, Pre Existing Condition, Exaggeration of Claim, Interest, Costs
Source Language
en
Tort Personal Injury Road Traffic Accidents Employment (vicarious Liability) Negligence Causation Quantum of Damages Pre Existing Condition +3 more

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Summary, issues, holding and outcome

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Parties

CHAN KAI SING

Plaintiff

YIP CHEUNG SHING

1st Defendant

SHUM ON TRANSPORTATION LIMITED

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the 1st defendant was negligent and caused the collision
  2. 2 Whether the plaintiff's injuries were caused or materially aggravated by the 2009 accident
  3. 3 Quantum of damages payable for pain, suffering and loss of earnings

Ratio Decidendi

The 1st defendant was negligent in failing to negotiate a large vehicle past parked cars and his vehicle clipped the plaintiff's van; however the collision was minor and the plaintiff's residual symptoms were attributable mainly to advanced pre-existing cervical spondylosis and a later 2010 accident. The plaintiff's claim was grossly exaggerated. Damages were therefore limited to modest sums for pain and limited past loss and agreed special damages; no future loss was awarded.

Court Disposition

Judgment for the plaintiff in part. Damages awarded in the total sum of HKD 130,017.60. No award for future loss of earnings or permanent impairment. 2nd defendant ordered to pay plaintiff's costs to be taxed; no order as to costs between plaintiff and 1st defendant (both on legal aid); plaintiff's own costs to be...

Orders

  • Damages awarded to plaintiff totalling HKD 130,017.60 (HKD 75,000 pain, suffering and loss of amenities; HKD 33,000 pre-trial loss of earnings; HKD 22,017.60 pre-trial expenses and special damages)
  • Interest on PLSA at 2% per annum from date of writ to date of judgment