CHEN MUCHAO v. EAGLE SUN ENGINEERING LTD AND ANOTHER

CHEN MUCHAO v. EAGLE SUN ENGINEERING LTD AND ANOTHER

Judge found plaintiff had exaggerated and feigned symptoms (malingering); accepted defendant expert (Dr Lam) that injuries were limited transverse process fractures which healed and did not cause significant residual disability; assessed PSLA at HK$300,000, past loss of earnings HK$393,120 and special damages...

Source-derived case information.

Citation
[2025] HKCFI 2688
Parties
Plaintiff: Chen Muchao; 1st Defendant: Eagle Sun Engineering Limited; 2nd Defendant: Anson Engineering Consultant Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 June 2025
Case Number
HCPI311/2022
Procedural Posture
Personal Injuries Action / Assessment of Damages (post Interlocutory Judgment on Liability)
Outcome
Damages assessed: plaintiff awarded PSLA HK$300,000, past loss of earnings HK$393,120, special damages HK$15,000; future loss and loss of earning capacity rejected; set-off of HK$1,024,386.30 EC payment results in no payment to plaintiff; defendants awarded costs of the assessment on an indemnity basis, to be taxed...
Legal Topics
Assessment of Damages, Expert Evidence and Joint Medical Reports, Credibility/malingering, Set Off of Employee's Compensation Payment, Costs (indemnity)
Source Language
en
Personal Injury Employment/workplace Safety Civil Procedure Insurance/employees' Compensation Assessment of Damages Expert Evidence and Joint Medical Reports Credibility/malingering Set Off of Employee's Compensation Payment +1 more

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Parties

Chen Muchao

Plaintiff

Eagle Sun Engineering Limited

1st Defendant

Anson Engineering Consultant Limited

2nd Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages (post Interlocutory Judgment on Liability)

Legal Issues

  1. 1 Extent of injury and appropriate general damages (PSLA)
  2. 2 Past and future loss of earnings and loss of earning capacity
  3. 3 Credibility of plaintiff and impact on award

Ratio Decidendi

Judge found plaintiff had exaggerated and feigned symptoms (malingering); accepted defendant expert (Dr Lam) that injuries were limited transverse process fractures which healed and did not cause significant residual disability; assessed PSLA at HK$300,000, past loss of earnings HK$393,120 and special damages HK$15,000, rejected future losses and future medical expenses; applied set-off of HK$1,024,386.30 EC payment resulting in no payable damages to plaintiff and ordered defendants' costs of assessment on an indemnity basis (nisi).

Court Disposition

Damages assessed: plaintiff awarded PSLA HK$300,000, past loss of earnings HK$393,120, special damages HK$15,000; future loss and loss of earning capacity rejected; set-off of HK$1,024,386.30 EC payment results in no payment to plaintiff; defendants awarded costs of the assessment on an indemnity basis, to be taxed...

Orders

  • Assess general damages (PSLA) at HK$300000
  • Allow past loss of earnings HK$393120 (HK$31,200 x 12 months x 105%)