LAM KAI v. NG KWOK LEUNG AND OTHERS

LAM KAI v. NG KWOK LEUNG AND OTHERS

Court found the plaintiff suffered permanent neurological impairment causing cognitive deficits which were the primary cause of academic and employment failures; the plaintiff's choice to follow treatment with Dr Chan was reasonable and not a failure to mitigate; damages were assessed on agreed and court-determined...

Source-derived case information.

Citation
LAM KAI v. NG KWOK LEUNG AND OTHERS
Parties
Plaintiff: Lam Kai; 1st Defendant: Ng Kwok Leung; 2nd Defendant: Ng Kwok Wai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 March 2002
Case Number
HCPI1460/1999
Procedural Posture
Personal Injuries Action / Assessment of Damages (judgment)
Outcome
Judgment for plaintiff on assessment of damages against the 1st and 2nd defendants; damages assessed and reduced for contributory negligence and interim payment
Legal Topics
Contributory Negligence, Mitigation of Loss, Loss of Earnings, Future Care, Psychological Injury, Neurological Impairment
Source Language
en
Tort Personal Injury Negligence Damages Assessment Contributory Negligence Mitigation of Loss Loss of Earnings Future Care +2 more

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Parties

Lam Kai

Plaintiff

Ng Kwok Leung

1st Defendant

Ng Kwok Wai

2nd Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages (judgment)

Legal Issues

  1. 1 Whether plaintiff unreasonably failed to submit to intensive psychological treatment (mitigation)
  2. 2 Extent and permanence of neurological impairment and causation of cognitive deficits
  3. 3 Assessment and quantification of heads of damage (PSLA, pre-trial and future earnings, future care)

Ratio Decidendi

Court found the plaintiff suffered permanent neurological impairment causing cognitive deficits which were the primary cause of academic and employment failures; the plaintiff's choice to follow treatment with Dr Chan was reasonable and not a failure to mitigate; damages were assessed on agreed and court-determined heads, reduced by 15% contributory negligence and adjusted for an interim payment of HK$200,000, resulting in an award of HK$3,036,012 against the 1st and 2nd defendants.

Court Disposition

Judgment for plaintiff on assessment of damages against the 1st and 2nd defendants; damages assessed and reduced for contributory negligence and interim payment

Orders

  • Damages awarded to plaintiff against the 1st and 2nd defendants in the sum of HK$3,036,012
  • Costs order nisi: 1st and 2nd defendants to pay costs of the assessment; costs to be taxed if not agreed