LAI JIANXING v. SAKOMA (HK) LTD AND OTHERS

LAI JIANXING v. SAKOMA (HK) LTD AND OTHERS

The court awarded damages on established heads applying orthodox principles: pre-trial lost earnings assessed on balance of probabilities (RMB80,463); future loss assessed using multipliers and assessed chances for promotion (60%) and redeployment risk (25%); medical and related expenses allowed in full; PSLA fixed...

Source-derived case information.

Citation
LAI JIANXING v. SAKOMA (HK) LTD AND OTHERS
Parties
Plaintiff: Lai Jianxing; 1st Defendant: SAKOMA (HK) LIMITED; 2nd Defendant: WIDE RIGHT LIMITED; 3rd Defendant: WONG KAM CHUEN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 September 2011
Case Number
HCPI757/2009
Procedural Posture
Personal Injuries Action (seaman Accident) / Judgment (court of First Instance)
Outcome
Judgment for the Plaintiff against the 2nd and 3rd Defendants; claim against the 1st Defendant withdrawn; limited costs entitlement in favour of 1st Defendant in respect of exclusive costs up to withdrawal; Plaintiff awarded specified damages and interest.
Legal Topics
Quantum Assessment, Loss of Earnings, Loss of Chance, Causation, Interest, Costs, Redeployment Risk, Promotion Prospect
Source Language
en
Personal Injury Maritime Law Tort Employment Law Damages Quantum Assessment Loss of Earnings Loss of Chance +5 more

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Parties

Lai Jianxing

Plaintiff

SAKOMA (HK) LIMITED

1st Defendant

WIDE RIGHT LIMITED

2nd Defendant

WONG KAM CHUEN

3rd Defendant

Procedural Posture

Personal Injuries Action (seaman Accident) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether defendants liable (liability conceded by 2nd and 3rd; claim against 1st withdrawn)
  2. 2 Quantum of damages for pain, suffering and loss of amenities
  3. 3 Assessment of pre-trial loss of earnings

Ratio Decidendi

The court awarded damages on established heads applying orthodox principles: pre-trial lost earnings assessed on balance of probabilities (RMB80,463); future loss assessed using multipliers and assessed chances for promotion (60%) and redeployment risk (25%); medical and related expenses allowed in full; PSLA fixed at HK$250,000; interest at 2% p.a. for general damages from 10 Feb 2010 and at 4% p.a. for special damages and pre-trial loss from 8 May 2008; costs ordered against 2nd and 3rd Defendants, and limited costs entitlement to 1st Defendant for costs exclusively incurred up to withdrawal to be taxed.

Court Disposition

Judgment for the Plaintiff against the 2nd and 3rd Defendants; claim against the 1st Defendant withdrawn; limited costs entitlement in favour of 1st Defendant in respect of exclusive costs up to withdrawal; Plaintiff awarded specified damages and interest.

Orders

  • Judgment for the Plaintiff for HK$250,570 and RMB474,668
  • Award for pain, suffering and loss of amenities HK$250,000