CHEUK WAN HING 對 CHAN WAI HUNG t/a LAM YIN COMPANY

CHEUK WAN HING 對 CHAN WAI HUNG t/a LAM YIN COMPANY

Court accepted plaintiff's evidence and expert opinion that injury caused L5/S1 disc prolapse requiring surgery, accepted PSLA at HK$300,000, fixed pre‑injury income at HK$14,050, found plaintiff could perform light work from February 2017 and awarded past and future pecuniary losses calculated on those bases,...

Source-derived case information.

Citation
CHEUK WAN HING 對 CHAN WAI HUNG t/a LAM YIN COMPANY
Parties
Plaintiff: Cheuk Wan Hing; Defendant: Chan Wai Hung trading as Lam Yin Company
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 December 2017
Case Number
HCPI85/2015
Procedural Posture
Personal Injury Claim / Assessment of Damages (trial)
Outcome
Judgment for plaintiff. Net award HK$2,006,053.55 plus interest and costs.
Legal Topics
Workplace Injury, Loss of Earnings, Future Care, Pain and Suffering, Mitigation, Set Off for Statutory Compensation, Interest, Costs
Source Language
ch
Tort Personal Injury Employers' Liability Civil Procedure Workplace Injury Loss of Earnings Future Care Pain and Suffering +4 more

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Parties

Cheuk Wan Hing

Plaintiff

Chan Wai Hung trading as Lam Yin Company

Defendant

Procedural Posture

Personal Injury Claim / Assessment of Damages (trial)

  1. 1 quantification of damages where liability admitted
  2. 2 assessment of pain, suffering and loss of amenity (PSLA)
  3. 3 calculation of past and future loss of earnings and pension loss

Ratio Decidendi

Court accepted plaintiff's evidence and expert opinion that injury caused L5/S1 disc prolapse requiring surgery, accepted PSLA at HK$300,000, fixed pre‑injury income at HK$14,050, found plaintiff could perform light work from February 2017 and awarded past and future pecuniary losses calculated on those bases, applied multiplier 18.26 for future loss, awarded specified special damages, deducted employees' compensation of HK$325,000 and ordered interest and costs accordingly.

Court Disposition

Judgment for plaintiff. Net award HK$2,006,053.55 plus interest and costs.

Orders

  • Defendant to pay plaintiff HK$2,006,053.55
  • Interest: PSLA at 2% per annum from date of writ to judgment; other pecuniary damages at half the court rate from date of injury to judgment and at full court rate thereafter until payment