MAK SZE YING, FELIX v. CHUI CHAK YUNG t/a SILVER SPIRIT CAR SERVICES CENTER AND ANOTHER

MAK SZE YING, FELIX v. CHUI CHAK YUNG t/a SILVER SPIRIT CAR SERVICES CENTER AND ANOTHER

Court accepted that the psychiatric condition was caused by the dog bite but was not persuaded the plaintiff suffered CRPS; accepted some ongoing left hand symptoms but reduced credibility on extent of disability and pre-accident earning capacity; awarded quantified sums after adjusting claimed figures and accepted...

Source-derived case information.

Citation
MAK SZE YING, FELIX v. CHUI CHAK YUNG t/a SILVER SPIRIT CAR SERVICES CENTER AND ANOTHER
Parties
Plaintiff: Plaintiff; Defendant: 1st defendant; Defendant: Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 February 2012
Case Number
DCPI2151/2009
Procedural Posture
Personal Injury (dog Bite) / Assessment of Damages (interlocutory Judgment Entered Against 1st Defendant)
Outcome
Judgment for plaintiff on quantum in amount $250,900; interlocutory judgment against 1st defendant remains; 1st defendant to pay costs
Legal Topics
Dog Bite, Damages Assessment, Employees Compensation, Default Judgment, Quantum
Source Language
en
Tort Personal Injury Employment Insurance Civil Procedure Dog Bite Damages Assessment Employees Compensation +2 more

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Parties

Plaintiff

Plaintiff

1st defendant

Defendant

Employees Compensation Assistance Fund Board

Defendant

Procedural Posture

Personal Injury (dog Bite) / Assessment of Damages (interlocutory Judgment Entered Against 1st Defendant)

Legal Issues

  1. 1 Whether plaintiff proved injuries and causation from the dog bite
  2. 2 Whether plaintiff suffers Complex Regional Pain Syndrome (CRPS) or other objective impairment
  3. 3 Assessment and quantum of general damages for pain suffering and loss of amenities

Ratio Decidendi

Court accepted that the psychiatric condition was caused by the dog bite but was not persuaded the plaintiff suffered CRPS; accepted some ongoing left hand symptoms but reduced credibility on extent of disability and pre-accident earning capacity; awarded quantified sums after adjusting claimed figures and accepted periods of sick leave recommended by hospital doctors; interlocutory judgment against 1st defendant stands and 1st defendant ordered to pay damages and costs as specified.

Court Disposition

Judgment for plaintiff on quantum in amount $250,900; interlocutory judgment against 1st defendant remains; 1st defendant to pay costs

Orders

  • Award to plaintiff for general and special damages and losses totalling HKD 250900
  • Interest on special damages at 2% per annum from date of writ to date of judgment and at judgment rate thereafter