CHE CHE v. LEUNG SIU TONG AND ANOTHER

CHE CHE v. LEUNG SIU TONG AND ANOTHER

The Registrar accepted that the knee injury was caused by the accident, assessed whole person impairment at 4% and loss of earning capacity at 20%, awarded general damages of $25,000, special damages totaling $33,950 (including past and future loss of earnings) and applied a multiplier of 2 for future earnings; interest was ordered on general damages at 17.5% per annum from service of writ and on specified special damages at 8.75% per annum; costs to be taxed under Legal Aid Regulations with Certificate for Counsel.

Citation
CHE CHE v. LEUNG SIU TONG AND ANOTHER
Parties
Plaintiff: CHE CHE; 1st Defendant: LEUNG SIU TONG; 2nd Defendant: CHAN KWOK HUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 April 1982
Case Number
HCA2384/1979
Procedural Posture
Personal Injury Motor Vehicle Accident / Assessment of Damages
Outcome
Judgment for Plaintiff against 2nd Defendant; damages awarded in the total sum of $58,950 with interest and costs as specified.
Legal Topics
Assessment of Damages, Loss of Earnings, Pain and Suffering, Special Damages, Medical Evidence, Interest on Damages
Source Language
EN
Tort Personal Injury Motor Vehicle Accidents Civil Procedure Assessment of Damages Loss of Earnings Pain and Suffering Special Damages +2 more

Case Brief

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Parties

CHE CHE

Plaintiff

LEUNG SIU TONG

1st Defendant

CHAN KWOK HUNG

2nd Defendant

Procedural Posture

Personal Injury Motor Vehicle Accident / Assessment of Damages

Legal Issues

  1. 1 Whether knee injury was caused by the accident and its contribution to ongoing disability
  2. 2 Appropriate assessment and quantum of general damages for pain and suffering and loss of amenities
  3. 3 Computation of past and future loss of earnings including appropriate multiplicand and multiplier

Ratio Decidendi

The Registrar accepted that the knee injury was caused by the accident, assessed whole person impairment at 4% and loss of earning capacity at 20%, awarded general damages of $25,000, special damages totaling $33,950 (including past and future loss of earnings) and applied a multiplier of 2 for future earnings; interest was ordered on general damages at 17.5% per annum from service of writ and on specified special damages at 8.75% per annum; costs to be taxed under Legal Aid Regulations with Certificate for Counsel.

Court Disposition

Judgment for Plaintiff against 2nd Defendant; damages awarded in the total sum of $58,950 with interest and costs as specified.

Orders

  • General damages awarded $25,000.00
  • Special damages awarded $33,950.00 comprising (a) past loss of earnings $21,200.00, (b) loss of future earnings $12,000.00, (c) travelling expenses $150.00, (d) special nourishment $600.00