LO HIN FONG v. CHAN CHI SHING

LO HIN FONG v. CHAN CHI SHING

The court found on the balance of probabilities that the defendant unlawfully assaulted the plaintiff causing injury; the medical report was admissible without oral testimony and supported awards for past and future medical expenses and for pain, suffering and loss of amenities; damages were quantified as PSLA $100,000, loss of earnings $1,969, special damages $4,120 and future medical expenses $30,000, totaling $136,089.

Citation
LO HIN FONG v. CHAN CHI SHING
Parties
Plaintiff: Lo Hin Fong; Defendant: Chan Chi Shing
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
1 August 2002
Case Number
DCPI60/2001
Procedural Posture
Personal Injuries / Judgment
Outcome
Judgment for the plaintiff for $136,089.00 with interest and costs
Legal Topics
Assault Causing Bodily Harm, Assessment of Damages, Admissibility of Medical Report, Future Medical Expenses
Source Language
EN
Personal Injury Assault Tort Assault Causing Bodily Harm Assessment of Damages Admissibility of Medical Report Future Medical Expenses

Case Brief

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Parties

Lo Hin Fong

Plaintiff

Chan Chi Shing

Defendant

Procedural Posture

Personal Injuries / Judgment

Legal Issues

  1. 1 Whether the defendant unlawfully assaulted the plaintiff causing injury
  2. 2 Quantum of damages for pain and suffering, special damages, loss of earnings and future medical expenses
  3. 3 Whether the medical report could be admitted without oral evidence

Ratio Decidendi

The court found on the balance of probabilities that the defendant unlawfully assaulted the plaintiff causing injury; the medical report was admissible without oral testimony and supported awards for past and future medical expenses and for pain, suffering and loss of amenities; damages were quantified as PSLA $100,000, loss of earnings $1,969, special damages $4,120 and future medical expenses $30,000, totaling $136,089.

Court Disposition

Judgment for the plaintiff for $136,089.00 with interest and costs

Orders

  • Judgment entered for the plaintiff in the sum of $136,089.00
  • Interest on general damages at 2% from date of service of the writ until judgment