HUSSAIN SHOUKAT v. MA CHI TAT AND OTHERS

HUSSAIN SHOUKAT v. MA CHI TAT AND OTHERS

Substituted service was valid; on the evidence (medical reports and employment history) the Plaintiff could not return to pre-accident construction work and was entitled to awards for pre-trial loss (HK$404,000), future loss (HK$924,000) using a multiplier of 11, provident fund accruals, loss of earning capacity, special damages and PSLA of HK$420,000, producing a net award of HK$897,767.48 after deduction of an earlier award; interest and costs were awarded in specified rates and manner.

Citation
HUSSAIN SHOUKAT v. MA CHI TAT AND OTHERS
Parties
Plaintiff: HUSSAIN SHOUKAT; 1st Defendant: MA CHI TAT trading as Kan Tat Engineering & Building Materials; 2nd Defendant: YEUNG WAI trading as WAI PO ENGINEERING; 3rd Defendant: GAIN PROFIT (HK) LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 July 2010
Case Number
DCPI2470/2009
Procedural Posture
Personal Injuries Action / Assessment of Damages
Outcome
Assessment of damages awarded in favour of Plaintiff; interest and costs awarded to Plaintiff.
Legal Topics
Liability, Damages Assessment, Loss of Earnings, Pain, Suffering and Loss of Amenity, Medical Evidence, Interest, Costs, Service by Substituted Service
Source Language
EN
Personal Injury Employment Law Tort Liability Damages Assessment Loss of Earnings Pain, Suffering and Loss of Amenity Medical Evidence +3 more

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Parties

HUSSAIN SHOUKAT

Plaintiff

MA CHI TAT trading as Kan Tat Engineering & Building Materials

1st Defendant

YEUNG WAI trading as WAI PO ENGINEERING

2nd Defendant

GAIN PROFIT (HK) LIMITED

3rd Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages

Legal Issues

  1. 1 Whether substituted service was effective
  2. 2 Appropriate calculation of pre-trial and future loss of earnings
  3. 3 Appropriate multiplier for future loss of earnings

Ratio Decidendi

Substituted service was valid; on the evidence (medical reports and employment history) the Plaintiff could not return to pre-accident construction work and was entitled to awards for pre-trial loss (HK$404,000), future loss (HK$924,000) using a multiplier of 11, provident fund accruals, loss of earning capacity, special damages and PSLA of HK$420,000, producing a net award of HK$897,767.48 after deduction of an earlier award; interest and costs were awarded in specified rates and manner.

Court Disposition

Assessment of damages awarded in favour of Plaintiff; interest and costs awarded to Plaintiff.

Orders

  • Damages awarded to Plaintiff totalling HK$897,767.48 (after deduction of prior award of HK$966,045.52 from sub-total HK$1,863,813.00)
  • Pre-trial loss of earnings: HK$404,000.00; Future loss of earnings: HK$924,000.00; Accrued provident fund loss: HK$20,200.00; Future provident fund loss: HK$46,200.00; Loss of earning capacity: HK$44,000.00; Other special damages: HK$5,413.00; PSLA: HK$420,000.00