LO LEUNG KWAI v. NEW WORLD FIRST FERRY SERVICES LTD

LO LEUNG KWAI v. NEW WORLD FIRST FERRY SERVICES LTD

The court ordered targeted case management measures: enquiries with the Hospital Authority about long-term accommodation, a supplemental joint neurologists' report on differential life expectancy by care setting, and a supplemental joint occupational therapists' report on alternative accommodation and objective assessment of facilities, care and costs (including WTSH); the court held that while ultimate accommodation is for trial, the case management judge must secure adequate expert material to inform that decision.

Citation
LO LEUNG KWAI v. NEW WORLD FIRST FERRY SERVICES LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 March 2010
Case Number
HCPI271/2008
Procedural Posture
Personal Injury / Pre Trial Review (case Management)
Outcome
Case management orders made directing further enquiries and supplemental expert reports; mediation directed; next PTR listed; costs reserved to the cause with Legal Aid taxation.
Legal Topics
Long Term Care Accommodation, Life Expectancy, Expert Reports, Mediation, Costs
Source Language
EN
Personal Injury Employer Liability Damages Medical/healthcare Civil Procedure Long Term Care Accommodation Life Expectancy Expert Reports +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Procedural Posture

Personal Injury / Pre Trial Review (case Management)

Legal Issues

  1. 1 Whether occupational therapists should assess pros and cons of home care versus hospital care
  2. 2 Whether supplemental expert evidence is required on differential life expectancy by care setting
  3. 3 Availability of long-term hospital accommodation and suitability of institutional alternatives (eg WTSH)

Ratio Decidendi

The court ordered targeted case management measures: enquiries with the Hospital Authority about long-term accommodation, a supplemental joint neurologists' report on differential life expectancy by care setting, and a supplemental joint occupational therapists' report on alternative accommodation and objective assessment of facilities, care and costs (including WTSH); the court held that while ultimate accommodation is for trial, the case management judge must secure adequate expert material to inform that decision.

Court Disposition

Case management orders made directing further enquiries and supplemental expert reports; mediation directed; next PTR listed; costs reserved to the cause with Legal Aid taxation.

Orders

  • Enquiries with the Hospital Authority on availability of long term hospital accommodation for patients in the situation of the Plaintiff
  • Supplemental joint neurologists report on differential life expectancies on the bases of home care versus hospital care (or other institutions offering suitable care)