GURUNG SANTOSH KUMAR v. PACIFIC CROWN ENGINEERING LTD AND OTHERS

GURUNG SANTOSH KUMAR v. PACIFIC CROWN ENGINEERING LTD AND OTHERS

Judge accepted defence experts over claimant's psychiatrist, found only a mild adjustment disorder with depressive symptoms (not PTSD), found claimant not credible and malingering, awarded PSLA of HKD 180,000, limited pre-trial loss to four months and no future loss of earnings, allowed HKD 10,000 for future psychological counselling, applied interest as stated and set off Employees' Compensation award, resulting in judgment for HKD 70,058.69.

Citation
GURUNG SANTOSH KUMAR v. PACIFIC CROWN ENGINEERING LTD AND OTHERS
Parties
Plaintiff: Gurung Santosh Kumar; 1st Defendant: Pacific Crown Engineering Limited; 2nd Defendant: Bauer Hong Kong Limited; 3rd Defendant: China Harbour Engineering Company (Group)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 2008
Case Number
HCPI316/2005
Procedural Posture
Personal Injuries Action (workplace Injury) / Assessment of Damages and Judgment (liability Admitted)
Outcome
Judgment for the Plaintiff in the sum of HKD 70,058.69 following assessment of damages; liability admitted by defendants.
Legal Topics
Assessment of Damages, Pain and Suffering, Loss of Earnings, Credibility of Witnesses, Expert Evidence Evaluation, Set Off for Employees' Compensation
Source Language
EN
Personal Injury Employment Law Tort Negligence Medical/psychiatric Evidence Civil Procedure Assessment of Damages Pain and Suffering Loss of Earnings +3 more

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Parties

Gurung Santosh Kumar

Plaintiff

Pacific Crown Engineering Limited

1st Defendant

Bauer Hong Kong Limited

2nd Defendant

China Harbour Engineering Company (Group)

3rd Defendant

Procedural Posture

Personal Injuries Action (workplace Injury) / Assessment of Damages and Judgment (liability Admitted)

Legal Issues

  1. 1 Quantification of damages where liability admitted
  2. 2 Whether claimant suffered psychiatric injury (PTSD) or only mild adjustment disorder
  3. 3 Credibility and malingering by claimant

Ratio Decidendi

Judge accepted defence experts over claimant's psychiatrist, found only a mild adjustment disorder with depressive symptoms (not PTSD), found claimant not credible and malingering, awarded PSLA of HKD 180,000, limited pre-trial loss to four months and no future loss of earnings, allowed HKD 10,000 for future psychological counselling, applied interest as stated and set off Employees' Compensation award, resulting in judgment for HKD 70,058.69.

Court Disposition

Judgment for the Plaintiff in the sum of HKD 70,058.69 following assessment of damages; liability admitted by defendants.

Orders

  • Judgment for Plaintiff for HKD 70,058.69
  • Award for pain, suffering and loss of amenity: HKD 180,000; interest on PSLA at 2% from date of writ until judgment