CHAN CHI NUN AND ANOTHER v. CHEUNG WAI CHUNG AND ANOTHER

CHAN CHI NUN AND ANOTHER v. CHEUNG WAI CHUNG AND ANOTHER

Liability of the bus company is admitted; after assessing medical and employment evidence the court awarded $65,000 for pain and suffering and loss of amenities, $16,372.25 for pre-trial loss of earnings, $98,000 for future loss of earnings, agreed medical expenses $86,317; interest on specials at 7% p.a. from date of accident and 2% p.a. on general damages for pain and suffering from date of writ until judgment; all sums reduced by 7.5% for contributory negligence; judgment entered against the 2nd Defendant only and costs ordered for the plaintiff.

Citation
CHAN CHI NUN AND ANOTHER v. CHEUNG WAI CHUNG AND ANOTHER
Parties
1st Plaintiff: Chan Chi Nun; 2nd Plaintiff: Wong Siu Chun; 1st Defendant: Cheung Wai Chung; 2nd Defendant: The Kowloon Motor Bus Company (1933) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 1983
Case Number
HCA3839/1981
Procedural Posture
Personal Injury / Tort / Judgment and Costs Ruling
Outcome
Judgment for Plaintiff against 2nd Defendant (The Kowloon Motor Bus Company (1933) Limited); action against 1st Defendant dismissed
Legal Topics
Contributory Negligence, Quantum of Damages, Loss of Earnings, Promotion Prospects, Medical Expenses, Interest, Costs
Source Language
EN
Torts Personal Injury Negligence Damages Contributory Negligence Quantum of Damages Loss of Earnings Promotion Prospects +3 more

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Parties

Chan Chi Nun

1st Plaintiff

Wong Siu Chun

2nd Plaintiff

Cheung Wai Chung

1st Defendant

The Kowloon Motor Bus Company (1933) Limited

2nd Defendant

Procedural Posture

Personal Injury / Tort / Judgment and Costs Ruling

Legal Issues

  1. 1 liability of bus company admitted
  2. 2 assessment of contributory negligence
  3. 3 extent and permanence of injuries including eye injury and neuropsychological sequelae

Ratio Decidendi

Liability of the bus company is admitted; after assessing medical and employment evidence the court awarded $65,000 for pain and suffering and loss of amenities, $16,372.25 for pre-trial loss of earnings, $98,000 for future loss of earnings, agreed medical expenses $86,317; interest on specials at 7% p.a. from date of accident and 2% p.a. on general damages for pain and suffering from date of writ until judgment; all sums reduced by 7.5% for contributory negligence; judgment entered against the 2nd Defendant only and costs ordered for the plaintiff.

Court Disposition

Judgment for Plaintiff against 2nd Defendant (The Kowloon Motor Bus Company (1933) Limited); action against 1st Defendant dismissed

Orders

  • Awarded $65,000 HKD for pain and suffering and loss of amenities
  • Awarded $16,372.25 HKD for pre-trial loss of earnings (adjusted to 1 November 1980)