CHUNG HOI KIN v. CHOI SHUN YIN AND ANOTHER

CHUNG HOI KIN v. CHOI SHUN YIN AND ANOTHER

On the evidence the Court found the plaintiff suffered significant muscle and sensory injury with residual disability; in absence of defence evidence the Court accepted plaintiff's earnings and mitigation, awarded HK$200,000 for PSLA, calculated pre-trial loss including 5% MPF, awarded HK$75,000 for loss of earning...

Source-derived case information.

Citation
CHUNG HOI KIN v. CHOI SHUN YIN AND ANOTHER
Parties
Plaintiff: CHUNG HOI KIN; 1st Defendant: CHOI SHUN YIN; 2nd Defendant: LAI HOI MAN TRADING AS; 3rd Defendant: PAKLI TRANSPORT COMPANY
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 October 2013
Case Number
DCPI500/2013
Procedural Posture
Personal Injuries Action / Assessment of Damages Following Interlocutory Judgment
Outcome
Assessment awarded in favour of plaintiff; damages assessed and judgment for plaintiff confirmed against defendants.
Legal Topics
Assessment of Damages, Pain and Suffering, Loss of Earnings, Loss of Earning Capacity, Future Medical Expenses, Interest and Costs
Source Language
en
Personal Injury Tort Employment Law Assessment of Damages Pain and Suffering Loss of Earnings Loss of Earning Capacity Future Medical Expenses +1 more

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Summary, issues, holding and outcome

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Parties

CHUNG HOI KIN

Plaintiff

CHOI SHUN YIN

1st Defendant

LAI HOI MAN TRADING AS

2nd Defendant

PAKLI TRANSPORT COMPANY

3rd Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages Following Interlocutory Judgment

Legal Issues

  1. 1 Quantification of general damages for pain, suffering and loss of amenities
  2. 2 Calculation of pre-trial loss of earnings and MPF entitlement
  3. 3 Assessment of loss of earning capacity despite mitigation and re-employment

Ratio Decidendi

On the evidence the Court found the plaintiff suffered significant muscle and sensory injury with residual disability; in absence of defence evidence the Court accepted plaintiff's earnings and mitigation, awarded HK$200,000 for PSLA, calculated pre-trial loss including 5% MPF, awarded HK$75,000 for loss of earning capacity, other special damages and future medical expenses, and ordered interest and costs to the plaintiff.

Court Disposition

Assessment awarded in favour of plaintiff; damages assessed and judgment for plaintiff confirmed against defendants.

Orders

  • Award damages totalling HK$592,088 to the plaintiff
  • Interest on general damages from date of issue of writ to date of judgment at 2%