LEE CHUN FAT v. CHAN KIN WO AND ANOTHER

LEE CHUN FAT v. CHAN KIN WO AND ANOTHER

Court accepted Plaintiff's version, found the 1st Defendant pushed the Plaintiff and that the push formed part of a joint enterprise with the 2nd Defendant; both defendants held jointly and severally liable and damages awarded including $300,000 for pain and suffering and $75,000 for loss of earning capacity based on real and substantial risk to ability to hold two jobs.

Citation
LEE CHUN FAT v. CHAN KIN WO AND ANOTHER
Parties
Plaintiff: LEE CHUN FAT; 1st Defendant: CHAN KIN WO; 2nd Defendant: CHAN KIN SING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 May 2002
Case Number
HCPI1306/2000
Procedural Posture
Personal Injuries Action / Judgment (court of First Instance)
Outcome
Judgment for Plaintiff against 1st and 2nd Defendants; defendants held jointly and severally liable.
Legal Topics
Battery, Damages Assessment, Loss of Earning Capacity, Joint Enterprise, Witness Credibility, Aggravated Damages
Source Language
EN
Tort Personal Injury Civil Litigation Battery Damages Assessment Loss of Earning Capacity Joint Enterprise Witness Credibility +1 more

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Parties

LEE CHUN FAT

Plaintiff

CHAN KIN WO

1st Defendant

CHAN KIN SING

2nd Defendant

Procedural Posture

Personal Injuries Action / Judgment (court of First Instance)

Legal Issues

  1. 1 Did the Defendants assault the Plaintiff causing injury?
  2. 2 Was the push by the 1st Defendant part of a joint enterprise with the 2nd Defendant?
  3. 3 Are aggravated damages appropriate?

Ratio Decidendi

Court accepted Plaintiff's version, found the 1st Defendant pushed the Plaintiff and that the push formed part of a joint enterprise with the 2nd Defendant; both defendants held jointly and severally liable and damages awarded including $300,000 for pain and suffering and $75,000 for loss of earning capacity based on real and substantial risk to ability to hold two jobs.

Court Disposition

Judgment for Plaintiff against 1st and 2nd Defendants; defendants held jointly and severally liable.

Orders

  • Award pre-trial loss of earnings HKD 226264.00
  • Award special damages (travelling expenses) HKD 564.00