TO KA WONG v. WORLD GOLD INTERNATIONAL LTD AND ANOTHER

TO KA WONG v. WORLD GOLD INTERNATIONAL LTD AND ANOTHER

Court found the injuries were serious but the plaintiff made a good recovery placing the case at the lower end of the serious category; accepted plaintiff's monthly pre-injury income as HK$19,240 and entitlement to MPF; awarded PSLA HK$600,000, assessed loss of earnings including MPF HK$672,932.40, allowed specified special damages, deducted EC award of HK$273,800 and ordered interest and costs accordingly.

Citation
[2019] HKDC 1321
Parties
Plaintiff: Plaintiff; Defendant: First defendant; Second Defendant (intervenor): Employees Compensation Assistance Fund Board
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 October 2019
Case Number
DCPI1068/2019
Procedural Posture
Personal Injury Claim / Assessment of Damages
Outcome
Damages assessed and awarded to plaintiff; judgment for plaintiff on assessment of damages.
Legal Topics
Assessment of Damages, Loss of Earnings, General Damages (psla), MPF Entitlement, Set Off of Employees Compensation, Interest and Costs
Source Language
EN
Personal Injury Employment Law Compensation Law Assessment of Damages Loss of Earnings General Damages (psla) MPF Entitlement Set Off of Employees Compensation +1 more

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Parties

Plaintiff

Plaintiff

First defendant

Defendant

Employees Compensation Assistance Fund Board

Second Defendant (intervenor)

Procedural Posture

Personal Injury Claim / Assessment of Damages

Legal Issues

  1. 1 Quantum of general damages for serious injury
  2. 2 Correct measure of pre-injury earnings and MPF entitlement
  3. 3 Whether plaintiff would have retired irrespective of injury

Ratio Decidendi

Court found the injuries were serious but the plaintiff made a good recovery placing the case at the lower end of the serious category; accepted plaintiff's monthly pre-injury income as HK$19,240 and entitlement to MPF; awarded PSLA HK$600,000, assessed loss of earnings including MPF HK$672,932.40, allowed specified special damages, deducted EC award of HK$273,800 and ordered interest and costs accordingly.

Court Disposition

Damages assessed and awarded to plaintiff; judgment for plaintiff on assessment of damages.

Orders

  • Award general damages (PSLA) HK$600,000
  • Allow loss of earnings and MPF HK$672,932.40