NG KA HUNG v. CHINA OVERSEAS (HONG KONG) LTD AND ANOTHER

NG KA HUNG v. CHINA OVERSEAS (HONG KONG) LTD AND ANOTHER

The joint orthopaedic report was admitted without calling the doctors because the contested medical points were fact-sensitive, the report already contained the experts' competing views, and the core disputes (notably sick leave) could be assessed against the plaintiff's evidence and the nature of work deemed...

Source-derived case information.

Citation
NG KA HUNG v. CHINA OVERSEAS (HONG KONG) LTD AND ANOTHER
Parties
Plaintiff: NG KA HUNG; 1st Defendant: CHINA OVERSEAS (HONG KONG) LIMITED; 2nd Defendant: CHINA OVERSEAS BUILDING CONSTRUCTION LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 June 2009
Case Number
HCPI1032/2007
Procedural Posture
Personal Injuries / Pre Trial Review
Outcome
Joint orthopaedic report admitted without oral evidence; costs awarded to plaintiff against defendant.
Legal Topics
Liability, Medical Expert Evidence, Damages, Sick Leave, Costs, Expert Witness Admissibility
Source Language
en
Torts Personal Injury Evidence Employment/workplace Safety Liability Medical Expert Evidence Damages Sick Leave +2 more

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Parties

NG KA HUNG

Plaintiff

CHINA OVERSEAS (HONG KONG) LIMITED

1st Defendant

CHINA OVERSEAS BUILDING CONSTRUCTION LIMITED

2nd Defendant

Procedural Posture

Personal Injuries / Pre Trial Review

Legal Issues

  1. 1 Impact of 2 cm leg length discrepancy on work capacity
  2. 2 Impact of right thumb (1st metacarpal) impairment on work performance
  3. 3 Appropriate duration of sick leave

Ratio Decidendi

The joint orthopaedic report was admitted without calling the doctors because the contested medical points were fact-sensitive, the report already contained the experts' competing views, and the core disputes (notably sick leave) could be assessed against the plaintiff's evidence and the nature of work deemed suitable by the trial judge.

Court Disposition

Joint orthopaedic report admitted without oral evidence; costs awarded to plaintiff against defendant.

Orders

  • Joint orthopaedic report of Dr SH Wong and Dr KC Lam admitted without oral evidence.
  • Defendant to pay costs of the Pre-trial Review to the Plaintiff, summarily assessed at $6,000.