NGAI LUNG HING v. GOWIN ENGINEERING CO LTD AND ANOTHER

NGAI LUNG HING v. GOWIN ENGINEERING CO LTD AND ANOTHER

The court found the claimant more likely to have worked 23 days/month pre-accident, his injury warranted PSLA of HK$300,000 (higher than fracture cases but below claimant's ask), no separate award for loss of earning capacity was appropriate to avoid double recovery, multiplier of 14 applies to future loss using his current earnings, future driving employment is unsuitable given pain risk, ECC of HK$195,480 is deductible and the award is reduced by the claimant's 30% contributory share.

Citation
NGAI LUNG HING v. GOWIN ENGINEERING CO LTD AND ANOTHER
Parties
Plaintiff: Ngai Lung Hing; 1st Defendant: Gowin Engineering Co. Limited; 2nd Defendant (discontinued): Chun Wo Construction & Engineering Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 August 2006
Case Number
HCPI211/2005
Procedural Posture
Personal Injuries Action / Judgment (court of First Instance)
Outcome
Judgment for plaintiff in part. Damages awarded with specified heads, deductions and 30% contribution; costs nisi to plaintiff.
Legal Topics
Quantum Assessment, Loss of Future Earnings, Pain and Suffering (psla), Apportionment, Medical Evidence, Multiplier for Future Loss, Interest
Source Language
EN
Personal Injury Tort Employment Law Damages Quantum Assessment Loss of Future Earnings Pain and Suffering (psla) Apportionment +3 more

Case Brief

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Parties

Ngai Lung Hing

Plaintiff

Gowin Engineering Co. Limited

1st Defendant

Chun Wo Construction & Engineering Company Limited

2nd Defendant (discontinued)

Procedural Posture

Personal Injuries Action / Judgment (court of First Instance)

Legal Issues

  1. 1 Pre-accident average days worked per month
  2. 2 Appropriate PSLA award for muscle severance injury
  3. 3 Whether separate award for loss of earning capacity is warranted

Ratio Decidendi

The court found the claimant more likely to have worked 23 days/month pre-accident, his injury warranted PSLA of HK$300,000 (higher than fracture cases but below claimant's ask), no separate award for loss of earning capacity was appropriate to avoid double recovery, multiplier of 14 applies to future loss using his current earnings, future driving employment is unsuitable given pain risk, ECC of HK$195,480 is deductible and the award is reduced by the claimant's 30% contributory share.

Court Disposition

Judgment for plaintiff in part. Damages awarded with specified heads, deductions and 30% contribution; costs nisi to plaintiff.

Orders

  • PSLA fixed at HK$300000.
  • Pre-trial loss of earnings and MPF assessed at HK$323022 (subject to ECC adjustment and 30% discount).