CHAU MING LUNG v. FASTCUT SERVICES LTD AND OTHERS

CHAU MING LUNG v. FASTCUT SERVICES LTD AND OTHERS

The court accepted the plaintiff's evidence of continuing right hip pain causally linked to the 1998 accident, rejected the defendants' alternative explanations (gout or congenital sclerosis) as the primary cause of the hip pain, found the plaintiff could not return to his pre-accident heavy employment and awarded damages reflecting past and future loss of earnings, PSLA and special damages, less amounts received, totaling $2,124,212.00 with interest and costs orders.

Citation
CHAU MING LUNG v. FASTCUT SERVICES LTD AND OTHERS
Parties
Plaintiff: Chau Ming Lung; 1st Defendant: Fastcut Services Limited; 2nd Defendant: Tridant Plumbing Engineers Limited; 3rd Defendant: Hip Hing Construction Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2007
Case Number
HCPI545/2001
Procedural Posture
Personal Injuries Action No. 545 of 2001 / Judgment on Quantum of Damages (court of First Instance)
Outcome
Judgment for the plaintiff in the sum of $2,124,212.00
Legal Topics
Quantum of Damages, Pain and Suffering (psla), Loss of Earnings, Causation, Pre Existing Conditions, Interest and Costs
Source Language
EN
Personal Injury Tort Damages Employment Related Loss Quantum of Damages Pain and Suffering (psla) Loss of Earnings Causation +2 more

Case Brief

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Parties

Chau Ming Lung

Plaintiff

Fastcut Services Limited

1st Defendant

Tridant Plumbing Engineers Limited

2nd Defendant

Hip Hing Construction Company Limited

3rd Defendant

Procedural Posture

Personal Injuries Action No. 545 of 2001 / Judgment on Quantum of Damages (court of First Instance)

Legal Issues

  1. 1 Whether the plaintiff's continuing hip pain was caused by the workplace accident
  2. 2 Extent and duration of incapacity and appropriate period for sick leave
  3. 3 Assessment of past and future loss of earnings and loss of earning capacity

Ratio Decidendi

The court accepted the plaintiff's evidence of continuing right hip pain causally linked to the 1998 accident, rejected the defendants' alternative explanations (gout or congenital sclerosis) as the primary cause of the hip pain, found the plaintiff could not return to his pre-accident heavy employment and awarded damages reflecting past and future loss of earnings, PSLA and special damages, less amounts received, totaling $2,124,212.00 with interest and costs orders.

Court Disposition

Judgment for the plaintiff in the sum of $2,124,212.00

Orders

  • Judgment for the plaintiff in the sum of $2,124,212.00
  • Interest on special damages at half judgment rate from the date of the accident to the date of judgment