HARVEY KENNETH v. WELLTEX INTERNATIONAL DEVELOPMENTAL LTD. AND ANOTHER

HARVEY KENNETH v. WELLTEX INTERNATIONAL DEVELOPMENTAL LTD. AND ANOTHER

The defendants were liable for the workplace accident; the plaintiff was not contributorily negligent. Damages were awarded based on medical evidence of physical and psychiatric injury: general damages for pain, suffering and loss of amenities were fixed at HKD 450,000; past and future loss of earnings were...

Source-derived case information.

Citation
HARVEY KENNETH v. WELLTEX INTERNATIONAL DEVELOPMENTAL LTD. AND ANOTHER
Parties
Plaintiff: Harvey Kenneth; 1st Defendant: Welltex International Developmental Limited; 2nd Defendant: Aoki Corporation
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 March 2001
Case Number
HCPI818/1998
Procedural Posture
Personal Injuries Action / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Negligence, Contributory Negligence, Quantum of Damages, Loss of Earnings, Psychiatric Injury, Future Medical Expenses, Interest, Costs
Source Language
en
Personal Injury Tort Employment Law Occupational Safety Negligence Contributory Negligence Quantum of Damages Loss of Earnings +4 more

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Summary, issues, holding and outcome

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Parties

Harvey Kenneth

Plaintiff

Welltex International Developmental Limited

1st Defendant

Aoki Corporation

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment

Legal Issues

  1. 1 Whether defendants were liable for workplace accident
  2. 2 Whether plaintiff was contributorily negligent
  3. 3 Assessment of general damages for pain, suffering and loss of amenities

Ratio Decidendi

The defendants were liable for the workplace accident; the plaintiff was not contributorily negligent. Damages were awarded based on medical evidence of physical and psychiatric injury: general damages for pain, suffering and loss of amenities were fixed at HKD 450,000; past and future loss of earnings were calculated on findings that the plaintiff's earning capacity was reduced by one third to the date of trial and would be similarly impaired for 12 months with a residual 15% loss thereafter using a multiplier of 15; future medical expenses for physiotherapy and psychiatric treatment were allowed. No separate award for loss of earning capacity was made to avoid overlap with assessed loss...

Court Disposition

Judgment for the plaintiff

Orders

  • Defendants to pay the plaintiff damages totalling HKD 1,518,579.70
  • Interest on special damages at 6.04% p.a. from date of accident to date of judgment and on general damages at 2% p.a. from date of writ to date of judgment