HO SHUN HANG v. LAU HOI WING AND ANOTHER

HO SHUN HANG v. LAU HOI WING AND ANOTHER

Liability being admitted, the court assessed quantum: accepted neck sprain with residual mild disability and an adjustment disorder attributable to the accident (partly contributed to by a prior accident) confined to July 2005–May 2006; found subsequent psychiatric relapse 2008 not proved to be related; disallowed...

Source-derived case information.

Citation
HO SHUN HANG v. LAU HOI WING AND ANOTHER
Parties
Plaintiff: HO SHUN HANG; 1st Defendant: LAU HOI WING; 2nd Defendant: GLORY SUCCESS TRANSPORTATION LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 January 2011
Case Number
DCPI483/2007
Procedural Posture
Personal Injuries Action / Assessment of Damages
Outcome
Damages assessed and awarded against Defendants; set-off applied; interest and costs order nisi made
Legal Topics
Pain, Suffering and Loss of Amenity (psla), Loss of Earnings, Loss of Earning Capacity, Medical Expenses, Set Off Under Employees Compensation Ordinance S.25, Credibility and Surveillance Evidence, Interest and Costs
Source Language
en
Personal Injury Negligence Occupational/employment Law Psychiatric Injury Civil Procedure Pain, Suffering and Loss of Amenity (psla) Loss of Earnings Loss of Earning Capacity +4 more

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Parties

HO SHUN HANG

Plaintiff

LAU HOI WING

1st Defendant

GLORY SUCCESS TRANSPORTATION LIMITED

2nd Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages

Legal Issues

  1. 1 Assessment of quantum where liability admitted
  2. 2 Causation and extent of psychiatric injury and its relation to prior accidents
  3. 3 Appropriate deduction/set-off under Employees Compensation Ordinance s.25

Ratio Decidendi

Liability being admitted, the court assessed quantum: accepted neck sprain with residual mild disability and an adjustment disorder attributable to the accident (partly contributed to by a prior accident) confined to July 2005–May 2006; found subsequent psychiatric relapse 2008 not proved to be related; disallowed most sick leave and loss claims after 26 May 2006; applied limited set-off under Employees Compensation Ordinance and awarded damages totaling HK$192,241.34, with interest and costs order nisi.

Court Disposition

Damages assessed and awarded against Defendants; set-off applied; interest and costs order nisi made

Orders

  • Award PSLA HK$200,000
  • Pre-trial loss of earnings HK$169,591.28