SIT KA CHUN v. WING WONG SCAFFOLDING LTD AND OTHERS

SIT KA CHUN v. WING WONG SCAFFOLDING LTD AND OTHERS

On the balance of probabilities the plaintiff's left knee condition was not caused by the accident; contemporaneous A&E and treating records contradicted the plaintiff's account and supported the experts' joint view that the knee complaints were unrelated/degenerative. The plaintiff failed to prove he could not...

Source-derived case information.

Citation
[2022] HKCFI 1730
Parties
Plaintiff: Sit Ka Chun; 1st Defendant: Wing Wong Scaffolding Limited; 2nd Defendant: Wing Lee Scaffolding Company Limited; 3rd Defendant: Hip Hing Engineering Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 June 2022
Case Number
HCPI144/2020
Procedural Posture
Personal Injuries Action (assessment of Damages) / Assessment of Quantum After Interlocutory Judgment on Liability
Outcome
Assessment of damages in favour of Plaintiff. Judgment for Plaintiff on quantum. Damages awarded and costs order nisi in favour of Plaintiff; plaintiff's legal aid costs taxed under Legal Aid Regulations.
Legal Topics
Causation, Loss of Earnings, Loss of Earning Capacity, Pain and Suffering (psla), Adverse Inference/non Disclosure, Medical Evidence and Expert Reports, Sick Leave, Interest and Costs
Source Language
en
Personal Injury Tort Employment/workplace Injuries Damages Evidence Procedure Causation Loss of Earnings Loss of Earning Capacity +5 more

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Parties

Sit Ka Chun

Plaintiff

Wing Wong Scaffolding Limited

1st Defendant

Wing Lee Scaffolding Company Limited

2nd Defendant

Hip Hing Engineering Company Limited

3rd Defendant

Procedural Posture

Personal Injuries Action (assessment of Damages) / Assessment of Quantum After Interlocutory Judgment on Liability

Legal Issues

  1. 1 Whether the plaintiff's left knee condition was caused by the accident
  2. 2 Whether the accident prevented the plaintiff from returning to scaffolding work
  3. 3 Pre-trial and post-trial loss of earnings quantification

Ratio Decidendi

On the balance of probabilities the plaintiff's left knee condition was not caused by the accident; contemporaneous A&E and treating records contradicted the plaintiff's account and supported the experts' joint view that the knee complaints were unrelated/degenerative. The plaintiff failed to prove he could not return to scaffolding; the court preferred the more robust expert evidence that he can return to his pre‑injury work. Sick leave for compensation purposes is fixed at 13 May 2017 to 26 April 2018 with an additional 4 months allowance for job search. Damages are assessed as PSLA HK$200,000; pre‑trial loss of earnings and MPF HK$633,541 plus MPF allowances as specified; loss of...

Court Disposition

Assessment of damages in favour of Plaintiff. Judgment for Plaintiff on quantum. Damages awarded and costs order nisi in favour of Plaintiff; plaintiff's legal aid costs taxed under Legal Aid Regulations.

Orders

  • Defendants to pay the Plaintiff the sum of HK$448861
  • Defendants to pay interest on HK$200000 at 2% per annum from 7 May 2020 (date of Writ) to date of judgment and thereafter at the judgment rate until payment