MA KWAI LAN v. CHIU YUN YAU AND ANOTHER

MA KWAI LAN v. CHIU YUN YAU AND ANOTHER

The court accepted the joint experts' assessments of 13% permanent impairment (excluding the cheek injury) and 12% loss of earning capacity, found the plaintiff's cheek injury and scarring genuine but declined to award medical expenses for cheek surgery in absence of specialist evidence, limited any reduction for...

Source-derived case information.

Citation
MA KWAI LAN v. CHIU YUN YAU AND ANOTHER
Parties
Plaintiff: Ma Kwai Lan; 1st Defendant: Chiu Yun Yau; 2nd Defendant: Yip Wai Bun
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 July 2005
Case Number
DCPI703/2004
Procedural Posture
Personal Injuries Action (road Traffic) / Judgment (assessment of Damages)
Outcome
Judgment for Plaintiff; damages awarded
Legal Topics
Quantum, Permanent Impairment Assessment, Pre Existing Condition Adjustment, Loss of Earning Capacity, Future Medical Expenses, Special Damages, Costs
Source Language
en
Torts Personal Injury Road Traffic Accident Negligence Damages Quantum Permanent Impairment Assessment Pre Existing Condition Adjustment +4 more

Source-derived case record

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 Authorities cited 5 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Ma Kwai Lan

Plaintiff

Chiu Yun Yau

1st Defendant

Yip Wai Bun

2nd Defendant

Procedural Posture

Personal Injuries Action (road Traffic) / Judgment (assessment of Damages)

Legal Issues

  1. 1 Assessment of general damages (pain, suffering and loss of amenities)
  2. 2 Assessment of permanent impairment and loss of earning capacity
  3. 3 Whether and to what extent pre-existing degenerative conditions should reduce damages

Ratio Decidendi

The court accepted the joint experts' assessments of 13% permanent impairment (excluding the cheek injury) and 12% loss of earning capacity, found the plaintiff's cheek injury and scarring genuine but declined to award medical expenses for cheek surgery in absence of specialist evidence, limited any reduction for pre-existing degenerative conditions on the evidence and awarded damages accordingly: PSLA $450,000, specified interest, loss of earnings, loss of earning capacity $100,000, special damages and future renal follow-up costs leading to total award $605,556.71 with costs to plaintiff to be taxed if not agreed and leave to take payment out of court.

Court Disposition

Judgment for Plaintiff; damages awarded

Orders

  • Pain, suffering and loss of amenities (PSLA) awarded HK$450000.00
  • Interest at 2% for 12 months awarded HK$9000.00