KWOK KAM MING v. CHINA AIRLINES, LTD

KWOK KAM MING v. CHINA AIRLINES, LTD

The Master's orders were set aside because the framed preliminary issue concerned the specific entitlement of each plaintiff to damages for alleged PTSD and required contested factual and medical evidence (including whether there was organic brain injury), making it unsuitable for determination as a preliminary issue.

Source-derived case information.

Citation
KWOK KAM MING v. CHINA AIRLINES, LTD
Parties
Plaintiff: Plaintiffs; Defendant: China Airlines, Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 June 2006
Case Number
HCPI660/2001
Procedural Posture
Civil Carriage by Air / Personal Injury / Interlocutory Application to Set Aside Master's Order on a Preliminary Issue
Outcome
The Master's orders directing a trial of the preliminary issue are set aside in respect of both plaintiffs.
Legal Topics
Preliminary Issue, Post Traumatic Stress Disorder (ptsd), Bodily Injury, Carriage by Air Ordinance Cap.500 Article 17, Medical Evidence, Entitlement to Damages
Source Language
en
Civil Procedure Aviation Law Tort Personal Injury Evidence Preliminary Issue Post Traumatic Stress Disorder (ptsd) Bodily Injury +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Plaintiffs

Plaintiff

China Airlines, Limited

Defendant

Procedural Posture

Civil Carriage by Air / Personal Injury / Interlocutory Application to Set Aside Master's Order on a Preliminary Issue

Legal Issues

  1. 1 Whether each plaintiff is entitled to claim damages for alleged PTSD as 'bodily injury' within Article 17 of the Conventions under the Carriage by Air Ordinance (Cap.500)
  2. 2 Whether the question framed is a point of law capable of determination as a preliminary issue or a factual question requiring trial evidence
  3. 3 Whether medical evidence is necessary to establish organic brain injury to bring psychiatric injury within 'bodily injury'

Ratio Decidendi

The Master's orders were set aside because the framed preliminary issue concerned the specific entitlement of each plaintiff to damages for alleged PTSD and required contested factual and medical evidence (including whether there was organic brain injury), making it unsuitable for determination as a preliminary issue.

Court Disposition

The Master's orders directing a trial of the preliminary issue are set aside in respect of both plaintiffs.

Orders

  • The Master's orders ordering a trial of the preliminary issue are set aside in respect of both plaintiffs (HCPI 660/2001 and HCPI 715/2005).