LEE KAM HAN v. FAN LIK MING AND ANOTHER

LEE KAM HAN v. FAN LIK MING AND ANOTHER

The Registrar assessed quantum on the facts: awarded $150,000 for pain and suffering and loss of amenities due to substantial and likely permanent brain damage; applied a multiplier of 15 to an assumed earning capacity of $800/month to award $144,000 for loss of future earnings; awarded $50,000 for future care; allowed specified special damages to the extent supported by evidence; reduced the total award to 75% in accordance with earlier consent judgment and directed interest on specified components and payment/investment arrangements.

Citation
LEE KAM HAN v. FAN LIK MING AND ANOTHER
Parties
Plaintiff (infant): LEE KAM HAN; Next Friend: LEE FAT CHEUNG; 1st Defendant (driver): FAN LIK MING; 2nd Defendant (owner): TANG MING SUN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 January 1977
Case Number
HCA339/1975
Procedural Posture
Personal Injury Motor Vehicle Accident / Assessment of Damages (judgment by Consent Entered 19 Aug 1976)
Outcome
Damages assessed and awarded; judgment by consent for 75% liability given effect by reducing assessed sums; plaintiff entitled to costs.
Legal Topics
Quantification of General Damages, Future Earnings Calculation (multiplier/multiplicand), Cost of Future Care and Attendance, Special Damages and Past Losses, Interest on Awards, Consent Judgment and Apportionment
Source Language
EN
Tort Personal Injury Motor Vehicle Accident Damages Assessment Quantification of General Damages Future Earnings Calculation (multiplier/multiplicand) Cost of Future Care and Attendance Special Damages and Past Losses +2 more

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Parties

LEE KAM HAN

Plaintiff (infant)

LEE FAT CHEUNG

Next Friend

FAN LIK MING

1st Defendant (driver)

TANG MING SUN

2nd Defendant (owner)

Procedural Posture

Personal Injury Motor Vehicle Accident / Assessment of Damages (judgment by Consent Entered 19 Aug 1976)

Legal Issues

  1. 1 quantum of general damages for pain and suffering and loss of amenities
  2. 2 calculation of loss of future earnings using multiplier and assumed income
  3. 3 proper allowance for cost of future care and attendance

Ratio Decidendi

The Registrar assessed quantum on the facts: awarded $150,000 for pain and suffering and loss of amenities due to substantial and likely permanent brain damage; applied a multiplier of 15 to an assumed earning capacity of $800/month to award $144,000 for loss of future earnings; awarded $50,000 for future care; allowed specified special damages to the extent supported by evidence; reduced the total award to 75% in accordance with earlier consent judgment and directed interest on specified components and payment/investment arrangements.

Court Disposition

Damages assessed and awarded; judgment by consent for 75% liability given effect by reducing assessed sums; plaintiff entitled to costs.

Orders

  • General damages assessed at HKD 344000
  • Special damages allowed at HKD 11092.40