MUHAMMAD ISMAIL v. OR WAH

MUHAMMAD ISMAIL v. OR WAH

Liability was established by interlocutory judgment because the defendant failed to file a notice of intention to defend; quantum was determined by the judge on the evidence and by reference to comparable authorities, resulting in an award of damages totaling $358,706.34 less credit for ECC of $109,192.39, yielding...

Source-derived case information.

Citation
MUHAMMAD ISMAIL v. OR WAH
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 December 2003
Case Number
DCPI293/2003
Procedural Posture
Personal Injury Workplace Accident; Damages Assessment / Assessment of Damages Following Interlocutory Judgment for Want of Defence; Final Judgment on Quantum
Outcome
Judgment for the Plaintiff in the sum of $249,513.95; costs to the Plaintiff; Plaintiff's own costs to be taxed in accordance with Legal Aid Regulations.
Legal Topics
Pain and Suffering (psla), Loss of Earnings, Future Loss of Earnings, Interest on Damages, Medical Expenses, Credit for Statutory Compensation/ecc
Source Language
en
Tort Personal Injury Workplace Injury Civil Procedure Pain and Suffering (psla) Loss of Earnings Future Loss of Earnings Interest on Damages +2 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury Workplace Accident; Damages Assessment / Assessment of Damages Following Interlocutory Judgment for Want of Defence; Final Judgment on Quantum

Legal Issues

  1. 1 Whether and how much to award PSLA for ankle and wrist injuries
  2. 2 Calculation of past and future loss of earnings and MPF contributions
  3. 3 Appropriate interest to be awarded on different heads

Ratio Decidendi

Liability was established by interlocutory judgment because the defendant failed to file a notice of intention to defend; quantum was determined by the judge on the evidence and by reference to comparable authorities, resulting in an award of damages totaling $358,706.34 less credit for ECC of $109,192.39, yielding final judgment for $249,513.95 together with costs to the plaintiff.

Court Disposition

Judgment for the Plaintiff in the sum of $249,513.95; costs to the Plaintiff; Plaintiff's own costs to be taxed in accordance with Legal Aid Regulations.

Orders

  • Judgment for the Plaintiff for $249,513.95.
  • Costs awarded to the Plaintiff.