YU KA KI v. CHAN WING SUM

YU KA KI v. CHAN WING SUM

Given the nature and limited permanence of the injury (forehead laceration with reduced scar visibility after successful revision) and by comparison with authorities, PSLA was fixed at HK$75,000; proved special damages supported by receipts were allowed (medical and related expenses) giving total damages of HK$124,087; interest and costs were ordered as specified.

Citation
YU KA KI v. CHAN WING SUM
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 November 2011
Case Number
DCPI1819/2010
Procedural Posture
Civil Tort (assault/wounding) / Assessment of Damages (ex Parte); Interlocutory Judgment on Liability Entered
Outcome
Judgment for Plaintiff on assessed damages
Legal Topics
Assault, Wounding, Damages Assessment, Pain and Suffering, Special Damages, Interest, Costs
Source Language
EN
Tort Personal Injury Criminal Law Assault Wounding Damages Assessment Pain and Suffering Special Damages +2 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Tort (assault/wounding) / Assessment of Damages (ex Parte); Interlocutory Judgment on Liability Entered

Legal Issues

  1. 1 Quantum of general damages (PSLA) for forehead laceration and scarring
  2. 2 Recoverability and quantum of special damages (medical, travel, clothing, tonic)
  3. 3 Appropriate interest rates and period

Ratio Decidendi

Given the nature and limited permanence of the injury (forehead laceration with reduced scar visibility after successful revision) and by comparison with authorities, PSLA was fixed at HK$75,000; proved special damages supported by receipts were allowed (medical and related expenses) giving total damages of HK$124,087; interest and costs were ordered as specified.

Court Disposition

Judgment for Plaintiff on assessed damages

Orders

  • Defendant to pay Plaintiff damages in the sum of HK$124,087.00
  • Interest on PSLA at 2% per annum from date of Writ to date hereof and thereafter at judgment rate