LAU HING KWAN v. LAI CHI KWAN AND ANOTHER

LAU HING KWAN v. LAI CHI KWAN AND ANOTHER

Master found injuries and residual disability moderate rather than severe, accepted limited permanent impairment (5% cosmetic, 2% neurological), allowed PSLA of HKD 280,000, awarded specified past losses and expenses (past earnings HKD 34,500; MPF HKD 1,725; past medical HKD 31,005; future medical HKD 1,200; miscellaneous items), dismissed claims for future loss of earnings and loss of earning capacity for lack of causal proof and inadequate evidence, and ordered interest and costs as stated.

Citation
LAU HING KWAN v. LAI CHI KWAN AND ANOTHER
Parties
Plaintiff: Lau Hing Kwan; 1st Defendant: Lai Chi Kwan; 2nd Defendant (discontinued): Ho Kwai Lam
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 July 2005
Case Number
HCPI986/2003
Procedural Posture
Personal Injuries Action / Assessment of Damages
Outcome
Assessment of damages in favour of plaintiff; partial allowance of claims and dismissal of claims for future loss of earnings and loss of earning capacity
Legal Topics
Assessment of Damages, Pain and Suffering, Loss of Earnings, Loss of Earning Capacity, Future Medical Expenses, Causation, Interest, Costs
Source Language
EN
Personal Injury Tort Negligence Damages Assessment of Damages Pain and Suffering Loss of Earnings Loss of Earning Capacity +4 more

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Parties

Lau Hing Kwan

Plaintiff

Lai Chi Kwan

1st Defendant

Ho Kwai Lam

2nd Defendant (discontinued)

Procedural Posture

Personal Injuries Action / Assessment of Damages

Legal Issues

  1. 1 Quantum of general damages for pain suffering and loss of amenities
  2. 2 Entitlement to past and future loss of earnings and loss of earning capacity
  3. 3 Causation between injuries and post-accident unemployment

Ratio Decidendi

Master found injuries and residual disability moderate rather than severe, accepted limited permanent impairment (5% cosmetic, 2% neurological), allowed PSLA of HKD 280,000, awarded specified past losses and expenses (past earnings HKD 34,500; MPF HKD 1,725; past medical HKD 31,005; future medical HKD 1,200; miscellaneous items), dismissed claims for future loss of earnings and loss of earning capacity for lack of causal proof and inadequate evidence, and ordered interest and costs as stated.

Court Disposition

Assessment of damages in favour of plaintiff; partial allowance of claims and dismissal of claims for future loss of earnings and loss of earning capacity

Orders

  • Award plaintiff total damages of HKD 401,810
  • Interest on general damages at 2% per annum from date of service of the writ to 13 May 2005