QIU SHAOJUN 對 BONG ERNA

QIU SHAOJUN 對 BONG ERNA

Court accepted plaintiff's and supporting witness evidence, found injuries credible and comparable to cited authorities, awarded HK$200,000 for PSLA, calculated past earnings and MPF loss at HK$278,478, refused to award a quantified future loss due to lack of expert evidence, awarded six months' income (HK$41,670)...

Source-derived case information.

Citation
[2018] HKDC 35
Parties
Plaintiff: QIU SHAOJUN; Defendant: BONG ERNA
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 January 2018
Case Number
DCPI2359/2015
Procedural Posture
Personal Injury Assault (civil Damages) / Damages Assessment (post‑liability)
Outcome
Judgment for plaintiff for HK$559,148 (principal); interest and costs awarded as set out by the court.
Legal Topics
Assault, Damages Assessment, Pain and Suffering, Loss of Earnings, Aggravated Damages, Interest and Costs
Source Language
ch
Tort Personal Injury Civil Procedure Assault Damages Assessment Pain and Suffering Loss of Earnings Aggravated Damages +1 more

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Parties

QIU SHAOJUN

Plaintiff

BONG ERNA

Defendant

Procedural Posture

Personal Injury Assault (civil Damages) / Damages Assessment (post‑liability)

Legal Issues

  1. 1 quantification of pain, suffering and loss of amenity (PSLA)
  2. 2 past earnings and pension (MPF) loss
  3. 3 future loss of earnings (absence of expert evidence)

Ratio Decidendi

Court accepted plaintiff's and supporting witness evidence, found injuries credible and comparable to cited authorities, awarded HK$200,000 for PSLA, calculated past earnings and MPF loss at HK$278,478, refused to award a quantified future loss due to lack of expert evidence, awarded six months' income (HK$41,670) for loss of work capacity, special damages of HK$9,000 and aggravated damages of HK$30,000; total principal award HK$559,148 with interest and costs to follow.

Court Disposition

Judgment for plaintiff for HK$559,148 (principal); interest and costs awarded as set out by the court.

Orders

  • Defendant to pay plaintiff HK$559,148 as damages.
  • Interest on general damages to be calculated from the date of writ to date of judgment at 2% per annum.