CHAN KAM FAI v. 李志傑經營之惠林運輸公司

CHAN KAM FAI v. 李志傑經營之惠林運輸公司

The judge concluded the injury was not in the serious category, awarded PSLA comparable to Sin Fu Yau adjusted for inflation ($180,000), calculated pre-trial and post-trial pecuniary losses from the established earnings figures (deducting an inappropriate month due to voluntary resignation), applied a multiplier of 9 for post-trial loss given manual labour occupation, allowed a 6-month loss of earnings capacity, credited employees' compensation and advances, and ordered interest at specified rates; the total common law award after credit was $361,083.

Citation
CHAN KAM FAI v. 李志傑經營之惠林運輸公司
Parties
Claimant: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 December 2010
Case Number
DCPI352/2009
Procedural Posture
Personal Injury Assessment of Damages / Assessment of Quantum After Interlocutory Judgment on Liability (liability Entered 27 February 2010)
Outcome
Judgment for the Plaintiff in the assessed sum after credit
Legal Topics
Workplace Accident, Assessment of Damages, Loss of Earnings, Pain and Suffering (psla), Interest on Judgment
Source Language
EN
Personal Injury Employment Torts Damages Civil Procedure Workplace Accident Assessment of Damages Loss of Earnings +2 more

Case Brief

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Parties

Plaintiff

Claimant

Defendant

Defendant

Procedural Posture

Personal Injury Assessment of Damages / Assessment of Quantum After Interlocutory Judgment on Liability (liability Entered 27 February 2010)

Legal Issues

  1. 1 Quantum of general damages (PSLA) for toe injury
  2. 2 Calculation of pre-trial loss of earnings and MPF contributions
  3. 3 Calculation of post-trial loss of earnings and multiplier for future loss

Ratio Decidendi

The judge concluded the injury was not in the serious category, awarded PSLA comparable to Sin Fu Yau adjusted for inflation ($180,000), calculated pre-trial and post-trial pecuniary losses from the established earnings figures (deducting an inappropriate month due to voluntary resignation), applied a multiplier of 9 for post-trial loss given manual labour occupation, allowed a 6-month loss of earnings capacity, credited employees' compensation and advances, and ordered interest at specified rates; the total common law award after credit was $361,083.

Court Disposition

Judgment for the Plaintiff in the assessed sum after credit

Orders

  • Award of damages totalling HKD 424,737 before credit
  • Credit for Employees Compensation and advance payments totaling HKD 63,653.98