KUO YAN CHUNG v. NISHIMATSU CONSTRUCTION CO LTD AND ANOTHER

KUO YAN CHUNG v. NISHIMATSU CONSTRUCTION CO LTD AND ANOTHER

Where allegations of future institutionalisation and care are pleaded as components of general damages and no claim for special damage is made, the plaintiff need only sufficiently particularise the nature and substance of the injury and is not obliged to provide detailed monetary or logistical particulars;...

Source-derived case information.

Citation
KUO YAN CHUNG v. NISHIMATSU CONSTRUCTION CO LTD AND ANOTHER
Parties
Plaintiff: KUO YAN CHUNG; 1st Defendant: NISHIMATSU CONSTRUCTION CO. LTD.; 2nd Defendant: BACHY SOLETANCHE GROUP
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 November 1989
Case Number
HCA6164/1985
Procedural Posture
Personal Injury Damages / Appeal From Master's Order Refusing Particulars
Outcome
Appeal dismissed; order of Master Chan dated 30 October 1989 refusing the defendants' summons for particulars affirmed.
Legal Topics
Particulars, General Damages Vs Special Damages, Costs, Pleading Requirements
Source Language
en
Torts Civil Procedure Personal Injury Particulars General Damages Vs Special Damages Costs Pleading Requirements

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Parties

KUO YAN CHUNG

Plaintiff

NISHIMATSU CONSTRUCTION CO. LTD.

1st Defendant

BACHY SOLETANCHE GROUP

2nd Defendant

Procedural Posture

Personal Injury Damages / Appeal From Master's Order Refusing Particulars

Legal Issues

  1. 1 Whether a plaintiff alleging an unusual injury as part of general damages must give detailed monetary and logistical particulars of future institutionalisation and care
  2. 2 Whether particulars of future psychiatric treatment and care must be given where no claim for special damage is pleaded
  3. 3 Costs consequences of pursuing summons for particulars based on a mistaken belief that special damages were claimed

Ratio Decidendi

Where allegations of future institutionalisation and care are pleaded as components of general damages and no claim for special damage is made, the plaintiff need only sufficiently particularise the nature and substance of the injury and is not obliged to provide detailed monetary or logistical particulars; accordingly the master's refusal to order such particulars was correct and is affirmed.

Court Disposition

Appeal dismissed; order of Master Chan dated 30 October 1989 refusing the defendants' summons for particulars affirmed.

Orders

  • Order of Master Chan of 30 October 1989 refusing defendants' application for particulars affirmed
  • Defendants to pay the plaintiff's costs of the appeal in any event