MOHAMMAD AYAZ v. TAM KAM WING AND ANOTHER

MOHAMMAD AYAZ v. TAM KAM WING AND ANOTHER

The court rejected the plaintiff's oral evidence as substantially dishonest and unreliable in its entirety except for admissions and independently corroborated documentary evidence; therefore damages were assessed on the basis of mild soft tissue neck/back injuries: PSLA HK$60,000; pre-trial loss of earnings HK$115,650 (HK$20,000 x 6 months less IRD-recorded HK$4,350); special damages HK$19,990; future loss of earnings nil. Interests awarded as agreed by parties and an Order Nisi made for costs on a full indemnity basis to be taxed with a certificate for one counsel; damages payable by defendants to plaintiff via Director of Legal Aid only.

Citation
[2024] HKDC 912
Parties
Plaintiff: MOHAMMAD AYAZ; 1st Defendant: TAM KAM WING; 2nd Defendant: KERRY DISTRIBUTION (HONG KONG) LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 June 2024
Case Number
DCPI1583/2022
Procedural Posture
Personal Injuries Action / Assessment of Damages; Judgment Delivered 7 June 2024
Outcome
Damages assessed and awarded to plaintiff totalling HK$195,640; plaintiff's wider claim dismissed; costs ordered nisi on full indemnity basis to defendants subject to taxation; plaintiff's future loss of earnings assessed as nil.
Legal Topics
Assessment of Damages, Credibility and Symptom Exaggeration, Quantum of Damages, Future Loss of Earnings, Interest, Indemnity Costs Order, Perjury Referral
Source Language
EN
Personal Injury Civil Procedure Evidence Costs Assessment of Damages Credibility and Symptom Exaggeration Quantum of Damages Future Loss of Earnings +3 more

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Parties

MOHAMMAD AYAZ

Plaintiff

TAM KAM WING

1st Defendant

KERRY DISTRIBUTION (HONG KONG) LIMITED

2nd Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages; Judgment Delivered 7 June 2024

Legal Issues

  1. 1 Whether the plaintiff's oral evidence was credible
  2. 2 Whether the plaintiff suffered significant pain or disability as alleged
  3. 3 Quantum of PSLA (pain, suffering and loss of amenities)

Ratio Decidendi

The court rejected the plaintiff's oral evidence as substantially dishonest and unreliable in its entirety except for admissions and independently corroborated documentary evidence; therefore damages were assessed on the basis of mild soft tissue neck/back injuries: PSLA HK$60,000; pre-trial loss of earnings HK$115,650 (HK$20,000 x 6 months less IRD-recorded HK$4,350); special damages HK$19,990; future loss of earnings nil. Interests awarded as agreed by parties and an Order Nisi made for costs on a full indemnity basis to be taxed with a certificate for one counsel; damages payable by defendants to plaintiff via Director of Legal Aid only.

Court Disposition

Damages assessed and awarded to plaintiff totalling HK$195,640; plaintiff's wider claim dismissed; costs ordered nisi on full indemnity basis to defendants subject to taxation; plaintiff's future loss of earnings assessed as nil.

Orders

  • Damages awarded: PSLA HK$60,000; Pre-trial loss of earnings HK$115,650; Special damages HK$19,990; Total HK$195,640 payable by defendants to plaintiff via the Director of Legal Aid only
  • Interests: 2% p.a. on PSLA from date of writ to date of judgment; half-judgment rate on pre-trial loss of earnings and special damages from date of accident to date of judgment (as agreed)