LI YEE YUEN v. TAM WING KEUNG AND ANOTHER

LI YEE YUEN v. TAM WING KEUNG AND ANOTHER

Defendant (through servant) liable for collision; damages awarded after crediting medical evidence and accepting loss of earnings figures; special damages allowed at $138,089 and general damages at $35,000; bone-setter fees of $630 recoverable as reasonable; claimed tonic foods reduced to $750 as excessive; interest awarded on special damages at 7% from date of accident and on general damages at 2% from service of writ; costs to Plaintiff with Plaintiff's own costs taxed under Legal Aid Regulations.

Citation
LI YEE YUEN v. TAM WING KEUNG AND ANOTHER
Parties
Plaintiff: LI YEE YUEN; 1st Defendant: TAM WING KEUNG; 2nd Defendant: NG CHAK NANG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 March 1985
Case Number
HCA9964/1982
Procedural Posture
Personal Injury (motor Vehicle Collision) / Judgment After Hearing
Outcome
Judgment for Plaintiff
Legal Topics
Liability, Damages, Special Damages, Procedure on Running List, Costs, Interest
Source Language
EN
Tort Personal Injury Motor Vehicle Accident Civil Procedure Liability Damages Special Damages Procedure on Running List +2 more

Case Brief

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Parties

LI YEE YUEN

Plaintiff

TAM WING KEUNG

1st Defendant

NG CHAK NANG

2nd Defendant

Procedural Posture

Personal Injury (motor Vehicle Collision) / Judgment After Hearing

Legal Issues

  1. 1 Whether the 1st Defendant (servant/agent of 2nd Defendant) was liable for collision
  2. 2 Quantum of general damages for pain, suffering and loss of amenity
  3. 3 Recoverability of special items (loss of earnings, hospital expenses, physiotherapy travel, bone-setter fees, tonic foods)

Ratio Decidendi

Defendant (through servant) liable for collision; damages awarded after crediting medical evidence and accepting loss of earnings figures; special damages allowed at $138,089 and general damages at $35,000; bone-setter fees of $630 recoverable as reasonable; claimed tonic foods reduced to $750 as excessive; interest awarded on special damages at 7% from date of accident and on general damages at 2% from service of writ; costs to Plaintiff with Plaintiff's own costs taxed under Legal Aid Regulations.

Court Disposition

Judgment for Plaintiff

Orders

  • Judgment for Plaintiff against Defendants in the sum of HKD 173089
  • Special damages HKD 138089; general damages HKD 35000