候小梅 對 盧振煊及另一人

候小梅 對 盧振煊及另一人

Court accepted the Magistrate's findings and the plaintiff's evidence that the first defendant assaulted her and found the first defendant liable; second defendant admitted and was held jointly and severally liable. The EC judgment was binding on three factual matters (monthly income HK$17,000, reasonable sick leave...

Source-derived case information.

Citation
候小梅 對 盧振煊及另一人
Parties
Plaintiff: HAU SIU MUI; First Defendant: LO CHUN SUEN; Second Defendant: KAN SIK HUEN & SHUM HING MEI (trading as BAUHINA NIGHT CLUB)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 August 2015
Case Number
HCPI565/2004
Procedural Posture
Personal Injury Civil Claim / Trial Judgment
Outcome
Judgment for plaintiff against first and second defendants; first and second defendants jointly and severally liable; damages awarded subject to deduction of provisional payment.
Legal Topics
Assault, Vicarious Liability, Damages Assessment, Issue Estoppel / Res Judicata, Interest, Costs
Source Language
ch
Tort Personal Injury Employment Law Civil Procedure Assault Vicarious Liability Damages Assessment Issue Estoppel / Res Judicata +2 more

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Summary, issues, holding and outcome

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Parties

HAU SIU MUI

Plaintiff

LO CHUN SUEN

First Defendant

KAN SIK HUEN & SHUM HING MEI (trading as BAUHINA NIGHT CLUB)

Second Defendant

Procedural Posture

Personal Injury Civil Claim / Trial Judgment

Legal Issues

  1. 1 Whether the first defendant committed the assault
  2. 2 Whether the second defendant (employer) is vicariously liable
  3. 3 Whether findings in the prior employee compensation (EC) judgment are binding (issue estoppel)

Ratio Decidendi

Court accepted the Magistrate's findings and the plaintiff's evidence that the first defendant assaulted her and found the first defendant liable; second defendant admitted and was held jointly and severally liable. The EC judgment was binding on three factual matters (monthly income HK$17,000, reasonable sick leave not exceeding one year, permanent loss of earning capacity 5%) and was applied to quantification. After assessing credibility, medical evidence and causation, court limited recoverable injuries to soft tissue injuries to face, neck, posterior head, legs, knees and abdomen with limited psychiatric impact; awarded PSLA HK$200,000, pre-trial loss HK$224,910, special damages...

Court Disposition

Judgment for plaintiff against first and second defendants; first and second defendants jointly and severally liable; damages awarded subject to deduction of provisional payment.

Orders

  • First and Second Defendants jointly and severally to pay the Plaintiff damages totalling HK$480,065 less provisional payment of HK$288,000.
  • Damages awarded breakdown: PSLA HK$200,000; Pre-trial loss (including MPF) HK$224,910; Special damages HK$21,350; Interest HK$33,805.