CHAN CHEUK KI and Another v. POON YU CHEUNG and Another

CHAN CHEUK KI and Another v. POON YU CHEUNG and Another

Medical evidence accepted establishing permanent residual disabilities and quantified probabilities of deterioration; damages quantified by applying accepted daily median wage, periods of total and partial incapacity, appropriate multipliers for future loss (13 for first plaintiff, 9 for second), modest awards for...

Source-derived case information.

Citation
CHAN CHEUK KI and Another v. POON YU CHEUNG and Another
Parties
1st Plaintiff: Chan Cheuk Ki; 2nd Plaintiff: Man Yung Hoi; 1st Defendant: Poon Yu Cheung; 2nd Defendant: Chung Wan Kwong trading as Chung Kee Kee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 October 1995
Case Number
HCA9146/1991
Procedural Posture
Personal Injury Tort / Assessment of Damages (after Interlocutory Judgment)
Outcome
Assessment hearing following interlocutory judgment; awards made to both plaintiffs in the specified amounts after deducting prior EC payments; interest and costs ordered to plaintiffs.
Legal Topics
Damages Assessment, Pain and Suffering, Loss of Earnings, Loss of Earning Capacity, Interest and Costs
Source Language
en
Tort Personal Injury Negligence Damages Assessment Pain and Suffering Loss of Earnings Loss of Earning Capacity Interest and Costs

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Parties

Chan Cheuk Ki

1st Plaintiff

Man Yung Hoi

2nd Plaintiff

Poon Yu Cheung

1st Defendant

Chung Wan Kwong trading as Chung Kee Kee

2nd Defendant

Procedural Posture

Personal Injury Tort / Assessment of Damages (after Interlocutory Judgment)

Legal Issues

  1. 1 quantum of general damages for pain, suffering and loss of amenities
  2. 2 calculation of pre-trial and post-trial loss of earnings
  3. 3 assessment of loss of earning capacity

Ratio Decidendi

Medical evidence accepted establishing permanent residual disabilities and quantified probabilities of deterioration; damages quantified by applying accepted daily median wage, periods of total and partial incapacity, appropriate multipliers for future loss (13 for first plaintiff, 9 for second), modest awards for loss of earning capacity, assessed special damages, and ordering interest and costs accordingly.

Court Disposition

Assessment hearing following interlocutory judgment; awards made to both plaintiffs in the specified amounts after deducting prior EC payments; interest and costs ordered to plaintiffs.

Orders

  • Award to 1st Plaintiff (gross before EC deduction) totaled $1,757,370.00 and net award after EC set-off $1,633,191.00 payable to Chan Cheuk Ki
  • Award to 2nd Plaintiff (gross before EC deduction) totaled $1,600,580.00 and net award after EC set-off $1,309,910.00 payable to Man Yung Hoi