GABY ANDERSON v. WUI YIP COMPANY LTD & OTHERS

GABY ANDERSON v. WUI YIP COMPANY LTD & OTHERS

The assessed judgment of $783,355.90 was to be reduced by the interim payment of $200,000.00 and by $14,000.00 representing interest, resulting in an amended judgment of $569,355.90.

Citation
GABY ANDERSON v. WUI YIP COMPANY LTD & OTHERS
Parties
Plaintiff: Gaby Anderson; 1st Defendant: Wui Yip Company Limited; 2nd Defendant: Ko Wing Yeung Mike; 3rd Defendant: Hong Kong & Shangi Insurance Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 November 2001
Case Number
HCPI244/1998
Procedural Posture
Personal Injuries Action / Assessment of Damages (addendum)
Outcome
Earlier assessment judgment dated 27 September 2001 amended and reduced to $569,355.90.
Legal Topics
Assessment of Damages, Interim Payment, Set Off, Interest Deduction
Source Language
EN
Personal Injury Civil Procedure Damages Insurance Law Assessment of Damages Interim Payment Set Off Interest Deduction

Case Brief

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Parties

Gaby Anderson

Plaintiff

Wui Yip Company Limited

1st Defendant

Ko Wing Yeung Mike

2nd Defendant

Hong Kong & Shangi Insurance Company Limited

3rd Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages (addendum)

Legal Issues

  1. 1 Whether the judgment should be reduced to account for an interim payment made by the defendants
  2. 2 Whether the previously ordered interest should be deducted from the judgment

Ratio Decidendi

The assessed judgment of $783,355.90 was to be reduced by the interim payment of $200,000.00 and by $14,000.00 representing interest, resulting in an amended judgment of $569,355.90.

Court Disposition

Earlier assessment judgment dated 27 September 2001 amended and reduced to $569,355.90.

Orders

  • Judgment for the plaintiff amended to $569,355.90.
  • Deduct $200,000.00 as interim payment made pursuant to the Order of Seagroatt J dated 11 January 1999.