LI YING YI AND ANOTHER v. LO HAU ON AND OTHERS

LI YING YI AND ANOTHER v. LO HAU ON AND OTHERS

Despite admitted liability, there were substantial and unresolved disputes as to quantum (extent of injuries, loss of earnings and medical expenses) and a real risk of overpayment; the court could not reliably estimate likely recoverable damages and therefore refused the second interim payment, dismissing the summons with costs nisi to defendants.

Citation
LI YING YI AND ANOTHER v. LO HAU ON AND OTHERS
Parties
1st Plaintiff: LI YING YI; 2nd Plaintiff: CHEUNG MAN YAU BENJAMIN; 1st Defendant (action Discontinued): LO HAU ON; 2nd Defendant: LAI WING KWONG; 3rd Defendant: TO SAI HUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 November 2003
Case Number
HCPI809/2001
Procedural Posture
Personal Injuries Action / Interim Payment Application (ruling)
Outcome
Plaintiffs' summons for a second interim payment dismissed
Legal Topics
Interim Payment, Quantum of Damages, Loss of Earnings, Assessment of Damages, Medical Expert Evidence
Source Language
EN
Tort Personal Injury Civil Procedure Interim Payment Quantum of Damages Loss of Earnings Assessment of Damages Medical Expert Evidence

Case Brief

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Parties

LI YING YI

1st Plaintiff

CHEUNG MAN YAU BENJAMIN

2nd Plaintiff

LO HAU ON

1st Defendant (action Discontinued)

LAI WING KWONG

2nd Defendant

TO SAI HUNG

3rd Defendant

Procedural Posture

Personal Injuries Action / Interim Payment Application (ruling)

Legal Issues

  1. 1 Whether a second interim payment should be ordered despite admitted liability
  2. 2 Appropriate quantum of any interim payment given disputes on injuries and earnings
  3. 3 Risk of overpayment and limits of rule 29(11) interim payments

Ratio Decidendi

Despite admitted liability, there were substantial and unresolved disputes as to quantum (extent of injuries, loss of earnings and medical expenses) and a real risk of overpayment; the court could not reliably estimate likely recoverable damages and therefore refused the second interim payment, dismissing the summons with costs nisi to defendants.

Court Disposition

Plaintiffs' summons for a second interim payment dismissed

Orders

  • Summons dismissed with costs nisi to the defendants
  • No further interim payment ordered