CHENG CHI MING v. LI CHAU WAN AND ANOTHER

CHENG CHI MING v. LI CHAU WAN AND ANOTHER

Court found on balance of probabilities that the 2nd defendant attacked the plaintiff from behind without a reasonable belief that force was necessary and that the 1st defendant joined the assault by pulling hair and stepping on the plaintiff's knee; both defendants therefore jointly liable and plaintiff entitled to compensatory damages, reduced where mitigation failure established.

Citation
CHENG CHI MING v. LI CHAU WAN AND ANOTHER
Parties
Plaintiff: Cheng Chi Ming; 1st Defendant: Li Chau Wan; 2nd Defendant: Yau Yick Po
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 July 2005
Case Number
HCPI1028/2002
Procedural Posture
Personal Injuries Action / Judgment (court of First Instance)
Outcome
Judgment for the Plaintiff against both defendants
Legal Topics
Assault, Joint Liability, Damages Assessment, Mitigation of Loss, Credibility of Witnesses, Interest, Costs
Source Language
EN
Tort Personal Injury Assault Civil Procedure Damages Joint Liability Damages Assessment Mitigation of Loss +3 more

Case Brief

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Parties

Cheng Chi Ming

Plaintiff

Li Chau Wan

1st Defendant

Yau Yick Po

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether either or both defendants committed an assault on the plaintiff
  2. 2 Whether the 2nd defendant was justified in using force to prevent an assault on his mother (defence of another/justification)
  3. 3 Assessment and quantum of damages including past and future loss, medical expenses and loss of capacity

Ratio Decidendi

Court found on balance of probabilities that the 2nd defendant attacked the plaintiff from behind without a reasonable belief that force was necessary and that the 1st defendant joined the assault by pulling hair and stepping on the plaintiff's knee; both defendants therefore jointly liable and plaintiff entitled to compensatory damages, reduced where mitigation failure established.

Court Disposition

Judgment for the Plaintiff against both defendants

Orders

  • Judgment awarded to plaintiff in the sum of 707,808 HKD
  • Interest on PSLA awarded at 2% per annum from date of writ (assessed at 12,917 HKD)