IP KOON LING v. CHEUNG CHIN KEUNG AND ANOTHER

IP KOON LING v. CHEUNG CHIN KEUNG AND ANOTHER

Court accepted liability by consent and, on the evidence including medical reports, quantified damages: awarded $10,000 for pain and suffering; allowed past total loss $7,000; allowed partial past loss $27,500; assessed future loss at $28,560 by applying a 20% reduction to annual earnings of $850 with multiplier 14;...

Source-derived case information.

Citation
IP KOON LING v. CHEUNG CHIN KEUNG AND ANOTHER
Parties
Plaintiff: IP KOON LING; 1st Defendant: CHEUNG CHIN KEUNG; 2nd Defendant: CHEUNG CHUN HUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 January 1976
Case Number
HCA2469/1971
Procedural Posture
Personal Injury Road Traffic Accident / Judgment (original Jurisdiction)
Outcome
Judgment for plaintiff for 90% of $74,330 totalling $66,897; costs to be taxed with counsel certificate; interest ordered on specified sums.
Legal Topics
Liability, Assessment of Damages, Loss of Earnings, Future Earning Capacity, Interest
Source Language
en
Tort Personal Injury Road Traffic Accident Damages Liability Assessment of Damages Loss of Earnings Future Earning Capacity +1 more

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Parties

IP KOON LING

Plaintiff

CHEUNG CHIN KEUNG

1st Defendant

CHEUNG CHUN HUNG

2nd Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Judgment (original Jurisdiction)

Legal Issues

  1. 1 Quantification of general damages for pain and suffering
  2. 2 Assessment of past loss of earnings including accommodation/food allowances
  3. 3 Assessment of partial loss of earnings and appropriate cut‑off dates

Ratio Decidendi

Court accepted liability by consent and, on the evidence including medical reports, quantified damages: awarded $10,000 for pain and suffering; allowed past total loss $7,000; allowed partial past loss $27,500; assessed future loss at $28,560 by applying a 20% reduction to annual earnings of $850 with multiplier 14; awarded special damages $1,270; entered judgment for plaintiff for 90% of the total $74,330 = $66,897 and ordered interest and costs accordingly.

Court Disposition

Judgment for plaintiff for 90% of $74,330 totalling $66,897; costs to be taxed with counsel certificate; interest ordered on specified sums.

Orders

  • Judgment for the plaintiff for 90% of $74,330 amounting to $66,897.
  • Order that $40,050 carry interest at 8% from 25 October 1971 to date.