LAU PING AND OTHERS v. LEUNG CHOI YING AND ANOTHER

LAU PING AND OTHERS v. LEUNG CHOI YING AND ANOTHER

The court fixed quantum for each plaintiff based on medical findings, employment history and loss of earnings evidence; applied multipliers for future loss where appropriate; disallowed unsupported items; and reduced the 1st plaintiff's general damages by 25% because he left hospital against medical advice, awarding interest at 8% from service of writ and costs to plaintiffs.

Citation
LAU PING AND OTHERS v. LEUNG CHOI YING AND ANOTHER
Parties
1st Plaintiff: Lau Ping; 2nd Plaintiff: Chan Lap Cheung; 3rd Plaintiff: Chan Kwok Wah; 1st Defendant: Leung Choi Ying; 2nd Defendant: Lo Siu Cheong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 May 1977
Case Number
HCA1378/1974
Procedural Posture
Personal Injury Motor Vehicle Accident / Assessment of Damages Following Interlocutory Judgment
Outcome
Interlocutory judgment against both defendants; damages assessed for each plaintiff and awarded with interest and costs in favour of plaintiffs.
Legal Topics
Quantification of Damages, Special Damages, General Damages, Loss of Earnings, Interest, Costs
Source Language
EN
Tort Personal Injury Motor Vehicle Accidents Civil Procedure Quantification of Damages Special Damages General Damages Loss of Earnings +2 more

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Parties

Lau Ping

1st Plaintiff

Chan Lap Cheung

2nd Plaintiff

Chan Kwok Wah

3rd Plaintiff

Leung Choi Ying

1st Defendant

Lo Siu Cheong

2nd Defendant

Procedural Posture

Personal Injury Motor Vehicle Accident / Assessment of Damages Following Interlocutory Judgment

Legal Issues

  1. 1 quantification of special damages and general damages for each plaintiff
  2. 2 assessment of future loss of earnings using multiplier
  3. 3 application of reduction for plaintiff's own conduct (leaving hospital against advice)

Ratio Decidendi

The court fixed quantum for each plaintiff based on medical findings, employment history and loss of earnings evidence; applied multipliers for future loss where appropriate; disallowed unsupported items; and reduced the 1st plaintiff's general damages by 25% because he left hospital against medical advice, awarding interest at 8% from service of writ and costs to plaintiffs.

Court Disposition

Interlocutory judgment against both defendants; damages assessed for each plaintiff and awarded with interest and costs in favour of plaintiffs.

Orders

  • 1. Judgment for the plaintiffs against the defendants for damages as assessed.
  • 2. 1st Plaintiff (Lau Ping) awarded damages totalling HKD 24,100 (Special HKD 7,600; General HKD 16,500).