YU WAI KAN v. LAW CHO TAI

YU WAI KAN v. LAW CHO TAI

Master found on the evidence and applying legal principles that the Accident was a materially contributing cause of the plaintiff's physical and psychiatric injuries and that, on balance, the plaintiff had a reasonable prospect of establishing damages in excess of the District Court jurisdiction; assessed likely awards (PSLA HK$320,000; pre-trial loss HK$428,160; post-trial loss HK$342,528; other heads HK$19,470; total HK$1,110,158) and held costs should be on the High Court scale with a costs order nisi and directions for summary assessment.

Citation
YU WAI KAN v. LAW CHO TAI
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 May 2011
Case Number
HCPI62/2010
Procedural Posture
Civil Tort Personal Injury / Costs Dispute After Settlement Determination of Applicable Costs Scale (high Court V District Court)
Outcome
Costs to be assessed on High Court scale in favour of the Plaintiff; costs order nisi granted
Legal Topics
Quantum, Causation, Pre Existing Condition, Costs Scale, Settlement
Source Language
EN
Tort Personal Injury Civil Procedure Costs Quantum Causation Pre Existing Condition Costs Scale +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 13 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Tort Personal Injury / Costs Dispute After Settlement Determination of Applicable Costs Scale (high Court V District Court)

Legal Issues

  1. 1 Whether the plaintiff had a reasonable prospect of recovering damages in excess of the District Court jurisdiction such that High Court scale of costs applies
  2. 2 Causation: whether the Accident materially contributed to the plaintiff's psychiatric condition
  3. 3 Quantification: appropriate awards for pain, suffering and loss of amenities, pre-trial and post-trial loss of earnings and effect of pre-existing bipolar disorder on quantum

Ratio Decidendi

Master found on the evidence and applying legal principles that the Accident was a materially contributing cause of the plaintiff's physical and psychiatric injuries and that, on balance, the plaintiff had a reasonable prospect of establishing damages in excess of the District Court jurisdiction; assessed likely awards (PSLA HK$320,000; pre-trial loss HK$428,160; post-trial loss HK$342,528; other heads HK$19,470; total HK$1,110,158) and held costs should be on the High Court scale with a costs order nisi and directions for summary assessment.

Court Disposition

Costs to be assessed on High Court scale in favour of the Plaintiff; costs order nisi granted

Orders

  • Costs order nisi that the Defendant pay the costs of the Issue to be summarily assessed on High Court scale
  • If no application to vary costs order nisi within 14 days, Plaintiff to lodge and serve statement of costs within 21 days and Defendant to lodge and serve Objection Summary within 7 days thereafter