LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

The court accepted medical evidence that the 2nd plaintiff suffered moderate to severe PTSD as a result of witnessing her mother’s death, placed the injury between lower and middle of the serious injury band, adopted a multiplier of 14 for future loss of earnings, awarded specified sums for heads of damage and interests as calculated, and thus assessed total damages of HK$2,212,603 in favour of the 2nd plaintiff.

Citation
LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS
Parties
1st Plaintiff: Lily Tse Lai Yin; 2nd Plaintiff: Tsui Ho; 3rd Plaintiff: Ng Pak Mui; 4th Plaintiff: Tsui Wai Nga (by her father and next friend); 5th Plaintiff: Chan Min Wah; 6th Plaintiff: Leung Pui Ying (by her father and next friend); 7th Plaintiff: Tsui Sai Nui (Administrator of the Estate of Mo Yee, deceased); 8th Plaintiff: Ho Shiu Tak (by his father and next friend); 9th Plaintiff: Leung Pui Yuk (by her father and next friend); 1st Defendant: The Incorporated Owners of Albert House; 2nd Defendant: Housing Management Agency Limited; 3rd Defendant: Ho Wing Hang; 4th Defendant: New Best Restaurant Limited; 5th Defendant: Aberdeen Winner Investment Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2001
Case Number
HCPI828/1997
Procedural Posture
Personal Injuries / Assessment of Damages (quantum)
Outcome
Assessment of damages entered in favour of the 2nd plaintiff against the defendants; total damages including interest assessed at HK$2,212,603; costs order nisi made.
Legal Topics
Nervous Shock, Post Traumatic Stress Disorder, Future Loss of Earnings, Special Damages, Interest, Costs
Source Language
EN
Tort Personal Injury Negligence Psychiatric Injury Damages Assessment Nervous Shock Post Traumatic Stress Disorder Future Loss of Earnings +3 more

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Parties

Lily Tse Lai Yin

1st Plaintiff

Tsui Ho

2nd Plaintiff

Ng Pak Mui

3rd Plaintiff

Tsui Wai Nga (by her father and next friend)

4th Plaintiff

Chan Min Wah

5th Plaintiff

Leung Pui Ying (by her father and next friend)

6th Plaintiff

Tsui Sai Nui (Administrator of the Estate of Mo Yee, deceased)

7th Plaintiff

Ho Shiu Tak (by his father and next friend)

8th Plaintiff

Leung Pui Yuk (by her father and next friend)

9th Plaintiff

The Incorporated Owners of Albert House

1st Defendant

Housing Management Agency Limited

2nd Defendant

Ho Wing Hang

3rd Defendant

New Best Restaurant Limited

4th Defendant

Aberdeen Winner Investment Company Limited

5th Defendant

Procedural Posture

Personal Injuries / Assessment of Damages (quantum)

Legal Issues

  1. 1 Whether damages are recoverable for psychiatric injury (nervous shock) suffered by witnessing a close relative's death
  2. 2 Quantum for pain, suffering and loss of amenities for PTSD
  3. 3 Appropriate award for loss of society/service

Ratio Decidendi

The court accepted medical evidence that the 2nd plaintiff suffered moderate to severe PTSD as a result of witnessing her mother’s death, placed the injury between lower and middle of the serious injury band, adopted a multiplier of 14 for future loss of earnings, awarded specified sums for heads of damage and interests as calculated, and thus assessed total damages of HK$2,212,603 in favour of the 2nd plaintiff.

Court Disposition

Assessment of damages entered in favour of the 2nd plaintiff against the defendants; total damages including interest assessed at HK$2,212,603; costs order nisi made.

Orders

  • Award general damages for pain, suffering and loss of amenities HK$525000
  • Award loss of society/service HK$100000