LEUNG CHAU v. THE INCORPORATED OWNERS OF KWAI WAN INDUSTRIAL BUILDING AND OTHERS

LEUNG CHAU v. THE INCORPORATED OWNERS OF KWAI WAN INDUSTRIAL BUILDING AND OTHERS

Master accepted plaintiff as credible and medically corroborated; injuries amounted to mid-range serious facial injuries with ongoing functional and cosmetic consequences; awarded PSLA HK$500,000, special damages HK$52,458, future expenses HK$125,809 (including additional surgical and speech therapy items), and loss of future earning capacity HK$150,000; allowed interest on PSLA at 2% p.a. for six years only; deducted HK$48,000 employees' compensation and ordered costs of assessment against 1st Defendant while between Plaintiff and 2nd Defendant each bears own costs.

Citation
LEUNG CHAU v. THE INCORPORATED OWNERS OF KWAI WAN INDUSTRIAL BUILDING AND OTHERS
Parties
Plaintiff: Leung Chau; 1st Defendant: The Incorporated Owners of Kwai Wan Industrial Building; 2nd Defendant: Holake (HK) Ltd; 3rd Defendant (action Discontinued): Brothers Knitters Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 December 2004
Case Number
HCPI1074/1998
Procedural Posture
Personal Injuries Action / Assessment of Damages Before Master (quantum)
Outcome
Damages assessed in favour of Plaintiff. Net award HK$780,267. Interest on PSLA at 2% p.a. for six years. Costs: order for costs of and incidental to assessment against 1st Defendant; between Plaintiff and 2nd Defendant each party to bear its own costs; Plaintiff's legal aid costs to be taxed in accordance with...
Legal Topics
Assessment of General Damages (psla), Special Damages and Future Expenses, Loss of Future Earning Capacity / Loss of Opportunity, Interest on Damages, Costs Against Defaulting Defendant
Source Language
EN
Personal Injury Tort Damages Negligence Costs and Procedure Assessment of General Damages (psla) Special Damages and Future Expenses Loss of Future Earning Capacity / Loss of Opportunity +2 more

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Parties

Leung Chau

Plaintiff

The Incorporated Owners of Kwai Wan Industrial Building

1st Defendant

Holake (HK) Ltd

2nd Defendant

Brothers Knitters Ltd

3rd Defendant (action Discontinued)

Procedural Posture

Personal Injuries Action / Assessment of Damages Before Master (quantum)

Legal Issues

  1. 1 Quantum of general damages for facial injuries and disfigurement
  2. 2 Claim for special damages and future medical/future care expenses
  3. 3 Assessment of loss of future earning capacity / loss of opportunity on open labour market

Ratio Decidendi

Master accepted plaintiff as credible and medically corroborated; injuries amounted to mid-range serious facial injuries with ongoing functional and cosmetic consequences; awarded PSLA HK$500,000, special damages HK$52,458, future expenses HK$125,809 (including additional surgical and speech therapy items), and loss of future earning capacity HK$150,000; allowed interest on PSLA at 2% p.a. for six years only; deducted HK$48,000 employees' compensation and ordered costs of assessment against 1st Defendant while between Plaintiff and 2nd Defendant each bears own costs.

Court Disposition

Damages assessed in favour of Plaintiff. Net award HK$780,267. Interest on PSLA at 2% p.a. for six years. Costs: order for costs of and incidental to assessment against 1st Defendant; between Plaintiff and 2nd Defendant each party to bear its own costs; Plaintiff's legal aid costs to be taxed in accordance with...

Orders

  • Award to Plaintiff of general damages (PSLA) HK$500000
  • Award to Plaintiff of special damages HK$52458