LEE WAI KING AND ANOTHER v. FUNG WAI TUNG AND OTHERS

LEE WAI KING AND ANOTHER v. FUNG WAI TUNG AND OTHERS

Court accepted plaintiffs' injuries and causal link to the collision, allowed full awards for proven general damages and reasonable future medical/dental expenses, disallowed or reduced special claims lacking sufficient evidence, and entered judgment for the plaintiffs with costs against the defendants.

Citation
LEE WAI KING AND ANOTHER v. FUNG WAI TUNG AND OTHERS
Parties
Plaintiff: LEE WAI KING; Plaintiff: LAM KAM WAH; 1st Defendant: FUNG WAI TUNG; 2nd Defendant: CHAN YU SUM; 1st 3rd Party: CHAN SHIU WAH; 2nd 3rd Party: WONG KWOK FAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 December 1973
Case Number
HCA2044/1972
Procedural Posture
Personal Injury Road Traffic Collision (running Down Action) / Judgment on Damages (original Jurisdiction)
Outcome
Judgment entered for the plaintiffs against the defendants.
Legal Topics
Running Down, Assessment of Damages, Scarring and Disfigurement, Future Medical Expenses, Special Damages, Costs
Source Language
EN
Tort Personal Injury Road Traffic Accident Damages Running Down Assessment of Damages Scarring and Disfigurement Future Medical Expenses +2 more

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Parties

LEE WAI KING

Plaintiff

LAM KAM WAH

Plaintiff

FUNG WAI TUNG

1st Defendant

CHAN YU SUM

2nd Defendant

CHAN SHIU WAH

1st 3rd Party

WONG KWOK FAI

2nd 3rd Party

Procedural Posture

Personal Injury Road Traffic Collision (running Down Action) / Judgment on Damages (original Jurisdiction)

Legal Issues

  1. 1 Liability of lorry driver to passengers
  2. 2 Assessment and quantum of general damages for pain, suffering and loss of amenity
  3. 3 Recovery and proof of special damages (medical, dental, herbalist, nourishment)

Ratio Decidendi

Court accepted plaintiffs' injuries and causal link to the collision, allowed full awards for proven general damages and reasonable future medical/dental expenses, disallowed or reduced special claims lacking sufficient evidence, and entered judgment for the plaintiffs with costs against the defendants.

Court Disposition

Judgment entered for the plaintiffs against the defendants.

Orders

  • Judgment for Miss Lee Wai King in the total sum of $21,108 HKD in her action against the defendants.
  • Judgment for Mr Lam Kam Wah in the sum of $50,000 HKD in his action against the defendants.