LEE MIU LING v. WONG NIM CHEE AND ANOTHER

LEE MIU LING v. WONG NIM CHEE AND ANOTHER

The court assessed loss by identifying the plaintiff's pre-accident driver earnings at $3,250 per month, accepted post-accident earning capacity at $1,800 per month, treated owner income separately, awarded past loss based on the difference for the relevant period and future loss by applying the agreed 10-year multiplier to the annual difference, and rejected the defendants' submission that only net family business income should determine loss of earnings.

Citation
LEE MIU LING v. WONG NIM CHEE AND ANOTHER
Parties
Plaintiff: Lee Miu Ling; 1st Defendant: Wong Nim Chee; 2nd Defendant: The Kowloon Motor Bus Co. (1933) Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 November 1985
Case Number
HCA1947/1984
Procedural Posture
Tort Personal Injury (motor Vehicle Collision) / Assessment of Damages After Liability Admitted; Judgment by Consent
Outcome
Damages awarded to Plaintiff; liability admitted and judgment for damages assessed in favour of Plaintiff.
Legal Topics
Loss of Earnings, Future Loss of Earning Capacity, General Damages, Special Damages, Interest, Costs
Source Language
EN
Tort Personal Injury Motor Vehicle Law Damages Assessment Loss of Earnings Future Loss of Earning Capacity General Damages Special Damages +2 more

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Parties

Lee Miu Ling

Plaintiff

Wong Nim Chee

1st Defendant

The Kowloon Motor Bus Co. (1933) Ltd.

2nd Defendant

Procedural Posture

Tort Personal Injury (motor Vehicle Collision) / Assessment of Damages After Liability Admitted; Judgment by Consent

Legal Issues

  1. 1 Amount of plaintiff's pre-accident earnings as a taxi driver
  2. 2 Loss of earnings during sick leave and until hearing
  3. 3 Appropriate measure and quantum of future loss of earning capacity

Ratio Decidendi

The court assessed loss by identifying the plaintiff's pre-accident driver earnings at $3,250 per month, accepted post-accident earning capacity at $1,800 per month, treated owner income separately, awarded past loss based on the difference for the relevant period and future loss by applying the agreed 10-year multiplier to the annual difference, and rejected the defendants' submission that only net family business income should determine loss of earnings.

Court Disposition

Damages awarded to Plaintiff; liability admitted and judgment for damages assessed in favour of Plaintiff.

Orders

  • General damages for pain, suffering and loss of amenities assessed at HKD 35,000
  • Future loss of earnings assessed at HKD 222,000 (HKD 22,200 per year with multiplier 10)