HO KAR CHEE v. TAM KWONG MAN AND ANOTHER

HO KAR CHEE v. TAM KWONG MAN AND ANOTHER

Master K Lo accepted the defendants' orthopaedic and psychiatric experts (Dr Danny Tsoi and Dr Singer) and the surveillance evidence over the plaintiff's accounts and some plaintiff-appointed opinions, holding the 2006 incident caused a minor right knee soft tissue sprain with minimal residual effect (1% orthopaedic impairment; psychiatric impairment negligible or 1% reducible to 0% with treatment), that the plaintiff's evidence of severity and high earnings was unreliable, and awarding total damages of HK$146,400.70 with specified interest and costs orders.

Citation
HO KAR CHEE v. TAM KWONG MAN AND ANOTHER
Parties
Plaintiff: Ho Kar Chee; 1st Defendant: Tam Kwong Man; 2nd Defendant: Motor Insurer’s Bureau of Hong Kong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 December 2012
Case Number
HCPI439/2007
Procedural Posture
Personal Injuries Action / Assessment of Damages Hearing
Outcome
Judgment for plaintiff against defendants for HK$146,400.70; interest and costs awarded as stated below.
Legal Topics
Assessment of Damages, Causation and Pre Existing Conditions, Credibility and Malingering, Medical and Psychiatric Expert Evidence, Interest and Costs, Apportionment of Special Damages
Source Language
EN
Personal Injury Tort Motor Vehicle Accident Insurance Law Evidence (surveillance and Expert Evidence) Assessment of Damages Causation and Pre Existing Conditions Credibility and Malingering +3 more

Case Brief

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Parties

Ho Kar Chee

Plaintiff

Tam Kwong Man

1st Defendant

Motor Insurer’s Bureau of Hong Kong

2nd Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages Hearing

Legal Issues

  1. 1 Whether the 8 March 2006 taxi incident caused compensable physical and psychiatric injury
  2. 2 Extent of permanent impairment and loss of earning capacity in light of pre-existing injuries and psychiatric treatment
  3. 3 Credibility of plaintiff's complaints in light of inconsistent statements, documentary records and surveillance tape

Ratio Decidendi

Master K Lo accepted the defendants' orthopaedic and psychiatric experts (Dr Danny Tsoi and Dr Singer) and the surveillance evidence over the plaintiff's accounts and some plaintiff-appointed opinions, holding the 2006 incident caused a minor right knee soft tissue sprain with minimal residual effect (1% orthopaedic impairment; psychiatric impairment negligible or 1% reducible to 0% with treatment), that the plaintiff's evidence of severity and high earnings was unreliable, and awarding total damages of HK$146,400.70 with specified interest and costs orders.

Court Disposition

Judgment for plaintiff against defendants for HK$146,400.70; interest and costs awarded as stated below.

Orders

  • Judgment entered for plaintiff against the defendants in the sum of HK$146,400.70.
  • Interest at 2% per annum on PSLA from date of issuance of writ to date of judgment.