HUNG SHING KUN v. YEUNG CHI MING AND ANOTHER

HUNG SHING KUN v. YEUNG CHI MING AND ANOTHER

On the balance of probabilities the court accepted the plaintiff's and his wife's accounts and contemporaneous 999 and hospital records and rejected the defendants' account; medical evidence and hospital records indicated the head injury caused persistent post-concussional symptoms and recurrent blackouts attributable to the assault rather than pre-existing sinus bradycardia; damages were assessed accordingly with a deduction for the pre-existing condition.

Citation
HUNG SHING KUN v. YEUNG CHI MING AND ANOTHER
Parties
Plaintiff: Hung Shing Kun; 1st Defendant: Yeung Chi Ming; 2nd Defendant: Lam Sai Cheong
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 May 2006
Case Number
DCPI388/2003
Procedural Posture
Personal Injury (assault) / Judgment After Trial
Outcome
Judgment for Plaintiff
Legal Topics
Assault and Battery, Assessment of Damages, Causation of Injury, Credibility of Witnesses, Pre Existing Condition Adjustment, Interest and Costs
Source Language
EN
Tort Personal Injury Criminal Assault (civil Claim) Assault and Battery Assessment of Damages Causation of Injury Credibility of Witnesses Pre Existing Condition Adjustment +1 more

Case Brief

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Parties

Hung Shing Kun

Plaintiff

Yeung Chi Ming

1st Defendant

Lam Sai Cheong

2nd Defendant

Procedural Posture

Personal Injury (assault) / Judgment After Trial

Legal Issues

  1. 1 Whether plaintiff was assaulted by defendants or accidentally injured by falling
  2. 2 Causation of subsequent blackouts and neurological deficits — whether caused by head injury or pre-existing sinus bradycardia/alcohol
  3. 3 Assessment and quantum of damages including PSLA, loss of earnings and loss of earning capacity

Ratio Decidendi

On the balance of probabilities the court accepted the plaintiff's and his wife's accounts and contemporaneous 999 and hospital records and rejected the defendants' account; medical evidence and hospital records indicated the head injury caused persistent post-concussional symptoms and recurrent blackouts attributable to the assault rather than pre-existing sinus bradycardia; damages were assessed accordingly with a deduction for the pre-existing condition.

Court Disposition

Judgment for Plaintiff

Orders

  • Damages awarded in the sum of HKD 843231
  • Interest: 2% p.a. on PSLA from date of service of writ to date of judgment