CHEUNG CHI YOUNG v. TSANG CHO YIU AND ANOTHER

CHEUNG CHI YOUNG v. TSANG CHO YIU AND ANOTHER

Court awards HK$25,000 for general damages based on comparative precedent and inflation; awards HK$30,000 as a lump sum for future loss of earning capacity because there is a real risk the plaintiff will be disadvantaged in the labour market before end of working life considering age, qualifications and residual...

Source-derived case information.

Citation
CHEUNG CHI YOUNG v. TSANG CHO YIU AND ANOTHER
Parties
Plaintiff: Cheung Chi Young; 1st Defendant: Tsang Cho Yiu; 2nd Defendant: Tam Siu Hing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 August 1983
Case Number
HCA6575/1982
Procedural Posture
Personal Injury — Assessment of Damages / Assessment of Damages Following Interlocutory Judgment
Outcome
Interlocutory judgment previously entered against defendants; damages assessed and awarded as set out in orders.
Legal Topics
General Damages, Special Damages, Loss of Earning Capacity, Past Loss of Earnings, Nursing Services, Special Damages — Special Foods, Interest Rates on Awards, Costs
Source Language
en
Personal Injury Tort — Negligence Civil Procedure Damages Assessment Interest on Damages General Damages Special Damages Loss of Earning Capacity +5 more

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Parties

Cheung Chi Young

Plaintiff

Tsang Cho Yiu

1st Defendant

Tam Siu Hing

2nd Defendant

Procedural Posture

Personal Injury — Assessment of Damages / Assessment of Damages Following Interlocutory Judgment

Legal Issues

  1. 1 Quantum of general damages for pain, suffering and loss of amenities
  2. 2 Appropriate lump sum for future loss of earning capacity in the face of speculative future unemployment risk
  3. 3 Recovery of past loss of earnings

Ratio Decidendi

Court awards HK$25,000 for general damages based on comparative precedent and inflation; awards HK$30,000 as a lump sum for future loss of earning capacity because there is a real risk the plaintiff will be disadvantaged in the labour market before end of working life considering age, qualifications and residual disability; awards past loss of earnings of HK$6,550; refuses claim for wife's lost earnings because services were not shown to be reasonably necessary or incurred as out-of-pocket loss; allows agreed special damages of HK$475 and a nominal HK$400 for special foods; interest ordered at 2% p.a. on general damages from service of writ to judgment and at 5.5% p.a. on special damages...

Court Disposition

Interlocutory judgment previously entered against defendants; damages assessed and awarded as set out in orders.

Orders

  • General damages awarded: HK$25,000 for pain, suffering and loss of amenities.
  • Future loss of earning capacity awarded: HK$30,000 (lump sum, no interest).