IP AH CHIU v. WONG CHUN FAI AND ANOTHER

IP AH CHIU v. WONG CHUN FAI AND ANOTHER

The court found on the balance of probabilities that the plaintiff's right shoulder dislocation was caused by the accident because post-accident medical and surgical history was compelling and the pre-accident evidence was flimsy; hearsay portions of Dr Ngai's evidence were excluded; quantum was assessed by...

Source-derived case information.

Citation
IP AH CHIU v. WONG CHUN FAI AND ANOTHER
Parties
Plaintiff: IP AH CHIU; 1st Defendant: WONG CHUN FAI; 2nd Defendant: THE ATTORNEY GENERAL
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 March 1987
Case Number
HCA7100/1984
Procedural Posture
Personal Injury (assessment of Damages) / Assessment of Damages
Outcome
Judgment for plaintiff: assessment of damages awarded.
Legal Topics
Causation, Quantum of Damages, Loss of Earnings, Interest, Evidence Hearsay, Medical Evidence, Pre Existing Condition, Mitigation
Source Language
en
Tort Personal Injury Civil Procedure Damages Causation Quantum of Damages Loss of Earnings Interest +4 more

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Parties

IP AH CHIU

Plaintiff

WONG CHUN FAI

1st Defendant

THE ATTORNEY GENERAL

2nd Defendant

Procedural Posture

Personal Injury (assessment of Damages) / Assessment of Damages

Legal Issues

  1. 1 Whether the plaintiff's right shoulder dislocation was caused by the accident
  2. 2 Admissibility and weight of medical evidence reliant on unavailable hospital records (hearsay)
  3. 3 Appropriate quantum for general damages for pain, suffering and loss of amenities

Ratio Decidendi

The court found on the balance of probabilities that the plaintiff's right shoulder dislocation was caused by the accident because post-accident medical and surgical history was compelling and the pre-accident evidence was flimsy; hearsay portions of Dr Ngai's evidence were excluded; quantum was assessed by adjusting the proposed daily rate, limiting awards for certain disputed periods due to lack of frankness and mitigation, awarding a global sum for future earnings and fixing interest and costs accordingly.

Court Disposition

Judgment for plaintiff: assessment of damages awarded.

Orders

  • General damages for pain, suffering and loss of amenities awarded HKD 37,000.00 with interest at 2% per annum from date of writ to date of assessment.
  • Pre-trial loss of earnings awarded HKD 76,679.00.