LAU HO MING v. WONG PAK HO

LAU HO MING v. WONG PAK HO

Master accepted plaintiff's factual and medical evidence, found injuries caused significant but not 'serious' disability to right eye, awarded PSLA at HK$370,000 by comparison with authorities, accepted pre-accident and post-accident earning levels and applied multiplier 9 for future loss giving HK$766,800, awarded HK$29,400 for loss of earning capacity, allowed specified special damages and future medical expenses, deducted the EC Judgment value of HK$164,817, and entered judgment for the plaintiff for a net sum of HK$1,344,533 with specified interest and costs orders.

Citation
LAU HO MING v. WONG PAK HO
Parties
Defendant: Ngai Ming Engineering
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2010
Case Number
HCPI254/2009
Procedural Posture
Personal Injury Assessment of Damages / Assessment Hearing Following Interlocutory Judgment for Damages to Be Assessed
Outcome
Judgment for Plaintiff against Defendant in the sum of HK$1,344,533.00; costs order nisi for Plaintiff; interest as ordered.
Legal Topics
Assessment of Damages, Pain and Suffering and Loss of Amenities, Past and Future Loss of Earnings, Loss of Earning Capacity, Special Damages, Deduction for Employees' Compensation, Interest, Costs
Source Language
EN
Personal Injury Employment Law Tort Workers' Compensation Assessment of Damages Pain and Suffering and Loss of Amenities Past and Future Loss of Earnings Loss of Earning Capacity +4 more

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Parties

Ngai Ming Engineering

Defendant

Procedural Posture

Personal Injury Assessment of Damages / Assessment Hearing Following Interlocutory Judgment for Damages to Be Assessed

Legal Issues

  1. 1 Quantum of general damages (PSLA) for eye injury
  2. 2 Appropriate comparators and adjustment for severity
  3. 3 Calculation of past and future loss of earnings and appropriate multiplier

Ratio Decidendi

Master accepted plaintiff's factual and medical evidence, found injuries caused significant but not 'serious' disability to right eye, awarded PSLA at HK$370,000 by comparison with authorities, accepted pre-accident and post-accident earning levels and applied multiplier 9 for future loss giving HK$766,800, awarded HK$29,400 for loss of earning capacity, allowed specified special damages and future medical expenses, deducted the EC Judgment value of HK$164,817, and entered judgment for the plaintiff for a net sum of HK$1,344,533 with specified interest and costs orders.

Court Disposition

Judgment for Plaintiff against Defendant in the sum of HK$1,344,533.00; costs order nisi for Plaintiff; interest as ordered.

Orders

  • Judgment for the Plaintiff against the Defendant in the sum of HK$1,344,533.00
  • Award of general damages for pain, suffering and loss of amenities (PSLA) HK$370,000.00