FUNG YAT MING v. DISH JOCKEY (HONG KONG) LTD

FUNG YAT MING v. DISH JOCKEY (HONG KONG) LTD

With the Defendant absent and notice having been duly served, the court accepted the Plaintiff's credible evidence and expert medical report. The court adjusted the Plaintiff's pre-accident earning assumptions (finding 22 working days per month) and accepted certain periods of lost earnings but rejected others where...

Source-derived case information.

Citation
[2021] HKDC 404
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 April 2021
Case Number
DCPI802/2018
Procedural Posture
Personal Injury (workplace Accident) / Assessment of Damages After Interlocutory Judgment
Outcome
Assessment of damages in favour of the Plaintiff; total judgment sum after set-off $851,212.33; costs order nisi against the Defendant for assessment proceedings; interest directions given.
Legal Topics
Assessment of Damages, Loss of Earnings, Pain, Suffering and Loss of Amenity (psla), Loss of Earning Capacity, Future Medical and Dental Expenses, Interest and Costs, Costs Assessment
Source Language
en
Personal Injury Employment/workers' Compensation Civil Procedure Assessment of Damages Loss of Earnings Pain, Suffering and Loss of Amenity (psla) Loss of Earning Capacity Future Medical and Dental Expenses +2 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury (workplace Accident) / Assessment of Damages After Interlocutory Judgment

Legal Issues

  1. 1 Whether notice of assessment and hearing was properly given and the consequence of Defendant's absence
  2. 2 Quantum of general damages (PSLA) for cervical fracture and dental injury
  3. 3 Quantum of pre-trial loss of earnings and periods to be compensated

Ratio Decidendi

With the Defendant absent and notice having been duly served, the court accepted the Plaintiff's credible evidence and expert medical report. The court adjusted the Plaintiff's pre-accident earning assumptions (finding 22 working days per month) and accepted certain periods of lost earnings but rejected others where medical evidence indicated recovery. Applying established authorities on assessment of PSLA, loss of earnings and earning capacity, the court awarded PSLA $500,000 (neck $400,000; dental $100,000), pre-trial loss $160,206, MPF $8,010, loss of earning capacity $116,604, special damages $14,000 and future dental $98,000, set off employees' compensation $45,607.67, resulting in...

Court Disposition

Assessment of damages in favour of the Plaintiff; total judgment sum after set-off $851,212.33; costs order nisi against the Defendant for assessment proceedings; interest directions given.

Orders

  • Award Plaintiff general and special damages totalling $896,820 before set-off
  • Less employees' compensation set-off of $45,607.67