SIT SHING v. LAI FOK YE MAN AND ANOTHER

SIT SHING v. LAI FOK YE MAN AND ANOTHER

The court disallowed unverified items and apportioned vague overseas medical claims to a quantified award based on plaintiff's own admissions; allowed a reduced award for special nutritious foods on evidential basis; accepted adjusted monthly earning rate of $1,300 for past loss and computed past, partial and future losses accordingly; future loss assessed at $500/month with a multiplier of 8 producing $48,000; awarded total damages of $110,947.83 with 4% interest on special damages from date of accident and ordered costs and payment into court within 14 days.

Citation
SIT SHING v. LAI FOK YE MAN AND ANOTHER
Parties
Plaintiff: Sit Shing; 1st Defendant: Lai Fok Ye Man; 2nd Defendant: Yiu Cheung Hun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 August 1979
Case Number
HCA1681/1978
Procedural Posture
Personal Injury (road Traffic) / Assessment of Damages Following Interlocutory Judgment
Outcome
Assessment of damages awarded in favour of the Plaintiff against the Defendants; total damages awarded $110,947.83; interest and costs granted as set out
Legal Topics
Assessment of Damages, Special Damages, Future Loss of Earnings, Interest, Costs
Source Language
EN
Personal Injury Tort Damages Civil Procedure Assessment of Damages Special Damages Future Loss of Earnings Interest +1 more

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Parties

Sit Shing

Plaintiff

Lai Fok Ye Man

1st Defendant

Yiu Cheung Hun

2nd Defendant

Procedural Posture

Personal Injury (road Traffic) / Assessment of Damages Following Interlocutory Judgment

Legal Issues

  1. 1 Quantification and verification of special damages for overseas treatment
  2. 2 Recovery of expenses for nutritious/special foods recommended by non‑medical practitioner
  3. 3 Computation of past loss of earnings and partial loss

Ratio Decidendi

The court disallowed unverified items and apportioned vague overseas medical claims to a quantified award based on plaintiff's own admissions; allowed a reduced award for special nutritious foods on evidential basis; accepted adjusted monthly earning rate of $1,300 for past loss and computed past, partial and future losses accordingly; future loss assessed at $500/month with a multiplier of 8 producing $48,000; awarded total damages of $110,947.83 with 4% interest on special damages from date of accident and ordered costs and payment into court within 14 days.

Court Disposition

Assessment of damages awarded in favour of the Plaintiff against the Defendants; total damages awarded $110,947.83; interest and costs granted as set out

Orders

  • Total damages awarded $110,947.83 to be paid into Court within 14 days
  • Interest at 4% on special damages from date of the accident