LEE WONG SIN v. The estate of WONG SHEK MEI, deceased and Others

LEE WONG SIN v. The estate of WONG SHEK MEI, deceased and Others

The court awarded quantified damages: general damages $60,000; loss of earnings $101,600 (calculated to August 1987 and limited by the claimant's subsequent stroke under Jobling); special damages $516; deducted $39,800 received as employees' compensation; awarded interest on loss of earnings and special damages at half the judgment rate from date of accident; and ordered costs to be taxed in favour of the Plaintiff.

Citation
LEE WONG SIN v. The estate of WONG SHEK MEI, deceased and Others
Parties
Plaintiff: LEE WONG SIN; 1st Defendant: The estate of WONG SHEK MEI, deceased; 2nd Defendant: FANTAN INVESTMENT LIMITED trading as KWOK HEI RESTAURANT; 3rd Defendant: COUNTRY VIEW LIMITED trading as KWOK HEI RESTAURANT; 4th Defendant: YAU CHUK YING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 October 1995
Case Number
HCPI769/1995
Procedural Posture
Personal Injury (workplace Accident) / Assessment of Damages Following Default Judgment
Outcome
Judgment in favour of Plaintiff for assessment of damages against 2nd and 3rd Defendants; damages quantified and reduced by prior employees' compensation payment; interest and costs ordered as below.
Legal Topics
Quantification of General Damages, Loss of Earnings Calculation, Special Damages, Application of Jobling Rule, Deduction of Employees Compensation, Interest on Pecuniary Losses
Source Language
EN
Personal Injury Tort Workplace Liability Damages Assessment Quantification of General Damages Loss of Earnings Calculation Special Damages Application of Jobling Rule +2 more

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Parties

LEE WONG SIN

Plaintiff

The estate of WONG SHEK MEI, deceased

1st Defendant

FANTAN INVESTMENT LIMITED trading as KWOK HEI RESTAURANT

2nd Defendant

COUNTRY VIEW LIMITED trading as KWOK HEI RESTAURANT

3rd Defendant

YAU CHUK YING

4th Defendant

Procedural Posture

Personal Injury (workplace Accident) / Assessment of Damages Following Default Judgment

Legal Issues

  1. 1 quantification of general damages for a Colles fracture of the wrist
  2. 2 calculation of loss of earnings up to intervening incapacity (stroke) applying Jobling v Associated Dairies
  3. 3 deduction of employees compensation from judgment and interest entitlement on pecuniary losses

Ratio Decidendi

The court awarded quantified damages: general damages $60,000; loss of earnings $101,600 (calculated to August 1987 and limited by the claimant's subsequent stroke under Jobling); special damages $516; deducted $39,800 received as employees' compensation; awarded interest on loss of earnings and special damages at half the judgment rate from date of accident; and ordered costs to be taxed in favour of the Plaintiff.

Court Disposition

Judgment in favour of Plaintiff for assessment of damages against 2nd and 3rd Defendants; damages quantified and reduced by prior employees' compensation payment; interest and costs ordered as below.

Orders

  • General damages awarded $60,000.00 HKD
  • Loss of earnings awarded $101,600.00 HKD (calculated to August 1987 and limited by intervening stroke)