CHAN TSZ SING v. LO CHING PONG AND ANOTHER

CHAN TSZ SING v. LO CHING PONG AND ANOTHER

Driver was negligent; plaintiff did not contribute to his injuries by failing to wear a seat belt; injuries were minor and awards set on assessment of evidence and comparable authorities, resulting in total judgment of $73,768 with specified interest and costs order.

Citation
CHAN TSZ SING v. LO CHING PONG AND ANOTHER
Parties
Plaintiff: Chan Tsz Sing; 1st Defendant: Lo Ching Pong; 2nd Defendant: Wong Ching Heung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 February 2004
Case Number
DCPI430/2003
Procedural Posture
Personal Injuries Action (motor Vehicle) / Judgment (assessment of Damages)
Outcome
Judgment for the Plaintiff for HKD 73,768 with interest and costs.
Legal Topics
Negligence, Assessment of Damages, Contributory Negligence, Causation, Quantum of Non‑pecuniary Loss
Source Language
EN
Tort Personal Injury Road Traffic Law Civil Procedure Negligence Assessment of Damages Contributory Negligence Causation +1 more

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Parties

Chan Tsz Sing

Plaintiff

Lo Ching Pong

1st Defendant

Wong Ching Heung

2nd Defendant

Procedural Posture

Personal Injuries Action (motor Vehicle) / Judgment (assessment of Damages)

Legal Issues

  1. 1 Whether plaintiff contributed to his injuries by not fastening a seat belt (contributory negligence)
  2. 2 Proper assessment of damages: PSLA, loss of earnings, loss of earning capacity, past and future medical expenses
  3. 3 Admissibility/relevance of private medical expenses where public treatment was available

Ratio Decidendi

Driver was negligent; plaintiff did not contribute to his injuries by failing to wear a seat belt; injuries were minor and awards set on assessment of evidence and comparable authorities, resulting in total judgment of $73,768 with specified interest and costs order.

Court Disposition

Judgment for the Plaintiff for HKD 73,768 with interest and costs.

Orders

  • Award PSLA HKD 30,000
  • Pre‑trial loss of earning HKD 7,000