TSANG KA HUNG BARRY v. 鄧玉玲

TSANG KA HUNG BARRY v. 鄧玉玲

The court awarded damages based on the limited severity and short duration of the plaintiff's injuries, allowance only for medical expenses supported by receipts, and only those lost-earnings items supported by contemporaneous records showing real likelihood (items 1, 4 and 10). Claims lacking contemporaneous support or implausible given statutory constraints (eg abortions under s47A) were disallowed. Net award: PSLA HK$50,000; pre-trial earnings HK$10,000; medical expenses HK$1,000; total HK$61,000, with interest and costs ordered.

Citation
TSANG KA HUNG BARRY v. 鄧玉玲
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
20 January 2009
Case Number
DCPI525/2007
Procedural Posture
Personal Injury Assessment of Damages / Assessment Hearing Following Interlocutory Judgment on Liability; Judgment Handed Down
Outcome
Judgment for Plaintiff on assessment of damages
Legal Topics
Dog Bite, Pain and Suffering, Lost Earnings, Medical Expenses, Service of Documents, Default Judgment, Admissibility of Documents
Source Language
EN
Torts Personal Injury Negligence Civil Procedure Assessment of Damages Dog Bite Pain and Suffering Lost Earnings +4 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury Assessment of Damages / Assessment Hearing Following Interlocutory Judgment on Liability; Judgment Handed Down

Legal Issues

  1. 1 Quantum of damages for pain, suffering and loss of amenities
  2. 2 Proof of pre-trial loss of earnings
  3. 3 Entitlement to medical expenses

Ratio Decidendi

The court awarded damages based on the limited severity and short duration of the plaintiff's injuries, allowance only for medical expenses supported by receipts, and only those lost-earnings items supported by contemporaneous records showing real likelihood (items 1, 4 and 10). Claims lacking contemporaneous support or implausible given statutory constraints (eg abortions under s47A) were disallowed. Net award: PSLA HK$50,000; pre-trial earnings HK$10,000; medical expenses HK$1,000; total HK$61,000, with interest and costs ordered.

Court Disposition

Judgment for Plaintiff on assessment of damages

Orders

  • Defendant to pay the Plaintiff HK$61,000.00 in damages
  • Interest on PSLA at 2% per annum from date of Writ to date of judgment