LAU TUEN PING v. LAW WAI KWON t/a SUN CHIU KWONG (SHEUNG SHUI) CONSTRUCTION MATERIAL AND OTHERS

LAU TUEN PING v. LAW WAI KWON t/a SUN CHIU KWONG (SHEUNG SHUI) CONSTRUCTION MATERIAL AND OTHERS

The court accepted contemporaneous wage records to fix pre-accident average monthly wage at $17,861, applied a 5% uplift to reach $18,307.5 for pre-trial calculations, allowed full pre-trial loss to 16 August 2000, found plaintiff could only secure casual restaurant work at $6,720.5/month, adopted a multiplier of 9 for future losses, awarded loss of earning capacity $100,000 and PSLA $360,000, deducted prior employee's compensation of $575,077.57, and held that the monetary awards and interest are payable by the first defendant only while the Board is ordered to pay costs of the assessment proceedings but is not otherwise liable for the judgment sum or interest under the statutory scheme.

Citation
LAU TUEN PING v. LAW WAI KWON t/a SUN CHIU KWONG (SHEUNG SHUI) CONSTRUCTION MATERIAL AND OTHERS
Parties
Plaintiff: Lau Tuen Ping; 1st Defendant: Law Wai Kwong trading as Sun Chiu Kwong (Sheung Shui) Construction Material; 2nd Defendant: Employees Compensation Assistance Fund Board
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 April 2003
Case Number
HCPI1221/2000
Procedural Posture
Personal Injuries Action / Assessment of Damages (post Interlocutory Judgment)
Outcome
Damages awarded against the 1st Defendant only; 2nd Defendant ordered to pay costs of the assessment proceedings (order nisi to be made absolute in 14 days) but not liable for the judgment sum or interest under the Ordinance.
Legal Topics
Loss of Earnings, MPF Benefits, Future Loss of Earnings, Loss of Earning Capacity, Pain and Suffering, Assessment of Damages, Liability of Compensation Board, Costs, Interest
Source Language
EN
Personal Injury Employment Law Workers' Compensation Civil Procedure Damages Assessment Loss of Earnings MPF Benefits Future Loss of Earnings +6 more

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Parties

Lau Tuen Ping

Plaintiff

Law Wai Kwong trading as Sun Chiu Kwong (Sheung Shui) Construction Material

1st Defendant

Employees Compensation Assistance Fund Board

2nd Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages (post Interlocutory Judgment)

Legal Issues

  1. 1 Quantum of pre-trial loss of earnings and MPF benefits
  2. 2 Quantum of future loss of earnings and MPF benefits
  3. 3 Appropriate multiplier for future loss

Ratio Decidendi

The court accepted contemporaneous wage records to fix pre-accident average monthly wage at $17,861, applied a 5% uplift to reach $18,307.5 for pre-trial calculations, allowed full pre-trial loss to 16 August 2000, found plaintiff could only secure casual restaurant work at $6,720.5/month, adopted a multiplier of 9 for future losses, awarded loss of earning capacity $100,000 and PSLA $360,000, deducted prior employee's compensation of $575,077.57, and held that the monetary awards and interest are payable by the first defendant only while the Board is ordered to pay costs of the assessment proceedings but is not otherwise liable for the judgment sum or interest under the statutory scheme.

Court Disposition

Damages awarded against the 1st Defendant only; 2nd Defendant ordered to pay costs of the assessment proceedings (order nisi to be made absolute in 14 days) but not liable for the judgment sum or interest under the Ordinance.

Orders

  • Damages and interest awarded against 1st Defendant only.
  • Total damages before post-judgment interest: HKD 1,973,759.2.