FU HOI LIN v. TSOI KAM CHING

FU HOI LIN v. TSOI KAM CHING

Defendant was in default and admitted assault in the criminal proceedings; on the evidence including unopposed expert psychiatric opinion the plaintiff proved she suffered PTSD causally linked to the Assault; the court awarded PSLA, future medical expenses and provable special damages in specified amounts and dismissed claims for aggravated damages, pre-trial loss of earnings and loss of earning capacity based on the evidence and legal principles.

Citation
[2019] HKDC 488
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 April 2019
Case Number
DCPI2505/2016
Procedural Posture
Civil Personal Injury (assault) / Assessment of Damages Hearing (aod) Default Judgment Following Interlocutory Judgment
Outcome
Judgment entered for the plaintiff against the defendant for HK$294,278 with interest and costs as ordered.
Legal Topics
PTSD, Common Assault, Assessment of Damages, Special Damages, Aggravated Damages, Loss of Earnings, Costs and Taxation, Expert Psychiatric Evidence, Default Judgment
Source Language
EN
Torts Personal Injury Assault Psychiatric Injury Civil Procedure Damages PTSD Common Assault +7 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Personal Injury (assault) / Assessment of Damages Hearing (aod) Default Judgment Following Interlocutory Judgment

Legal Issues

  1. 1 Whether defendant committed assault and liability (default)
  2. 2 Causation of psychiatric injury (PTSD) by the Assault
  3. 3 Appropriate quantum for pain, suffering and loss of amenities (PSLA)

Ratio Decidendi

Defendant was in default and admitted assault in the criminal proceedings; on the evidence including unopposed expert psychiatric opinion the plaintiff proved she suffered PTSD causally linked to the Assault; the court awarded PSLA, future medical expenses and provable special damages in specified amounts and dismissed claims for aggravated damages, pre-trial loss of earnings and loss of earning capacity based on the evidence and legal principles.

Court Disposition

Judgment entered for the plaintiff against the defendant for HK$294,278 with interest and costs as ordered.

Orders

  • Judgment for plaintiff against defendant in the sum of HK$294,278
  • Interest on PSLA award of HK$150,000 at 2% per annum from service of writ to date of judgment