LI PING SUM v. CHAN WAI TONG AND OTHERS

LI PING SUM v. CHAN WAI TONG AND OTHERS

Master Hansen found the plaintiff exaggerated her condition, accepted a mid-range assessment of permanent disability, awarded general damages of $27,500 based on comparison with Hong Kong authorities and allowance for fall in value of money, allowed specific special damages in reduced amounts (hospital $45, doctor's fees $500, nourishing food $500, travel $250, loss of earnings $2,600), ordered interest at 14% on general damages from service of the writ and 7% on special damages from date of accident, and reserved costs.

Citation
LI PING SUM v. CHAN WAI TONG AND OTHERS
Parties
Plaintiff: Li Ping Sum; 1st Defendant: Chan Wai Tong; 2nd Defendant: Wong Shok Ting; 3rd Defendant: Wong Ping
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 March 1983
Case Number
HCA810/1982
Procedural Posture
Personal Injury Assessment of Damages / Assessment Hearing (master's Assessment)
Outcome
Plaintiff awarded total damages of $31,395 consisting of $27,500 general damages and $3,895 special damages; interest ordered (14% on general damages from service of writ to judgment; 7% on special damages from date of accident to judgment); costs reserved with liberty to apply; certificate for counsel ordered.
Legal Topics
Pain, Suffering and Loss of Amenities, Special Damages, Interest on Damages, Costs
Source Language
EN
Tort Personal Injury Damages Pain, Suffering and Loss of Amenities Special Damages Interest on Damages Costs

Case Brief

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Parties

Li Ping Sum

Plaintiff

Chan Wai Tong

1st Defendant

Wong Shok Ting

2nd Defendant

Wong Ping

3rd Defendant

Procedural Posture

Personal Injury Assessment of Damages / Assessment Hearing (master's Assessment)

Legal Issues

  1. 1 Quantum of general damages for spinal compression fractures
  2. 2 Assessment and proof of special damages (medical fees, bonesetter, travel, nourishing food)
  3. 3 Calculation of loss of earnings and required medical evidence

Ratio Decidendi

Master Hansen found the plaintiff exaggerated her condition, accepted a mid-range assessment of permanent disability, awarded general damages of $27,500 based on comparison with Hong Kong authorities and allowance for fall in value of money, allowed specific special damages in reduced amounts (hospital $45, doctor's fees $500, nourishing food $500, travel $250, loss of earnings $2,600), ordered interest at 14% on general damages from service of the writ and 7% on special damages from date of accident, and reserved costs.

Court Disposition

Plaintiff awarded total damages of $31,395 consisting of $27,500 general damages and $3,895 special damages; interest ordered (14% on general damages from service of writ to judgment; 7% on special damages from date of accident to judgment); costs reserved with liberty to apply; certificate for counsel ordered.

Orders

  • General damages awarded $27,500
  • Special damages awarded: Hospital $45; Doctor's fees $500; Nourishing food $500; Travelling expenses $250; Loss of earnings $2,600 (total special damages $3,895)