LIU CHEN v. CHAN POON WING AND ANOTHER

LIU CHEN v. CHAN POON WING AND ANOTHER

The court accepted that the Plaintiff suffered serious initial injuries but found the Plaintiff exaggerated residual disabilities and many claimed treatments and expenses lacked adequate proof or causal nexus. On the balance of probabilities the court allowed limited heads of damage supported by evidence: PSLA HKD600,000; quantified pre-trial and future loss of earnings in RMB; allowed specified past and limited future medical expenses; allowed a reduced award for tonic food and limited care and transport expenses; disallowed or reduced sums unsupported by receipts or inconsistent with clinical opinion or surveillance. The 2nd Defendant was ordered to pay damages of HKD755,070.00 and...

Citation
LIU CHEN v. CHAN POON WING AND ANOTHER
Parties
Plaintiff: Plaintiff; 1st Defendant (owner): 1st Defendant; 2nd Defendant (driver): 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 April 2010
Case Number
HCPI779/2006
Procedural Posture
Personal Injury (road Traffic Accident) / Assessment of Damages (post Liability Judgment)
Outcome
Judgment for Plaintiff on damages against 2nd Defendant; assessment fixed and specific sums awarded with interest and costs directions
Legal Topics
Assessment of Damages, Quantum, Causation, Credibility of Witness Evidence, Loss of Earnings, Future Loss Calculation, Past and Future Medical Expenses, Care and Ancillary Expenses, Costs and Interest
Source Language
EN
Tort Personal Injury Negligence Road Traffic Accident Damages Assessment of Damages Quantum Causation +6 more

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant (owner)

2nd Defendant

2nd Defendant (driver)

Procedural Posture

Personal Injury (road Traffic Accident) / Assessment of Damages (post Liability Judgment)

Legal Issues

  1. 1 Quantum of damages following admitted liability against the 2nd Defendant
  2. 2 Causation and necessity of multiple hospital stays and claimed treatments
  3. 3 Credibility and exaggeration by the Plaintiff

Ratio Decidendi

The court accepted that the Plaintiff suffered serious initial injuries but found the Plaintiff exaggerated residual disabilities and many claimed treatments and expenses lacked adequate proof or causal nexus. On the balance of probabilities the court allowed limited heads of damage supported by evidence: PSLA HKD600,000; quantified pre-trial and future loss of earnings in RMB; allowed specified past and limited future medical expenses; allowed a reduced award for tonic food and limited care and transport expenses; disallowed or reduced sums unsupported by receipts or inconsistent with clinical opinion or surveillance. The 2nd Defendant was ordered to pay damages of HKD755,070.00 and...

Court Disposition

Judgment for Plaintiff on damages against 2nd Defendant; assessment fixed and specific sums awarded with interest and costs directions

Orders

  • 2nd Defendant ordered to pay Plaintiff HKD755,070.00 and RMB693,091.80 as damages
  • Interest on PSLA at 2% per annum from date of writ to date of judgment; interest on pre-trial loss of income and other special damages at half judgment rate to date of judgment and thereafter at judgment rate until payment