SUN JIANQIANG v. CHAN TAI KAU AND ANOTHER

SUN JIANQIANG v. CHAN TAI KAU AND ANOTHER

The court accepted that the plaintiff suffered a serious femoral fracture and related injuries, accepted the mainland medical findings that he was ineligible for a PRC driving licence (thereby precluding return to pre-accident cross-border employment), imputed a reasonable post-2002 earning capacity of HK$2,500 per month, assessed what he would have earned as a cross-border coach driver at HK$12,500 per month, awarded PSLA HK$430,000, pre-trial loss HK$1,309,000 and future loss HK$600,000 (multiplier five years), allowed special damages as itemised, and ordered deductions for EC payment, interim payment and amounts already paid with interest and costs to be taxed.

Citation
SUN JIANQIANG v. CHAN TAI KAU AND ANOTHER
Parties
Plaintiff: Sun Jianqiang; 1st Defendant: Chan Tai Kau; 2nd Defendant: Intercontinental Hire Cars Ltd
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 March 2010
Case Number
HCPI1375/2000
Procedural Posture
Personal Injury (civil) / Assessment of Damages Following Interlocutory Judgment on Liability
Outcome
Judgment for plaintiff: damages for pain, suffering and loss of amenity and loss of earnings assessed and awarded as specified; costs of assessment to plaintiff; parties to agree calculations and interest to be added.
Legal Topics
Assessment of Damages, Loss of Earnings, Pain and Suffering, Medical Evidence, Credibility and Surveillance Evidence, Mitigation of Loss
Source Language
EN
Personal Injury Tort Employment Law Civil Procedure Assessment of Damages Loss of Earnings Pain and Suffering Medical Evidence +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Party arguments 2
Sign in to unlock

Parties

Sun Jianqiang

Plaintiff

Chan Tai Kau

1st Defendant

Intercontinental Hire Cars Ltd

2nd Defendant

Procedural Posture

Personal Injury (civil) / Assessment of Damages Following Interlocutory Judgment on Liability

Legal Issues

  1. 1 Quantification of pain, suffering and loss of amenity
  2. 2 Extent and period of pre-trial loss of earnings
  3. 3 Whether plaintiff could return to pre-accident employment as cross-border coach driver

Ratio Decidendi

The court accepted that the plaintiff suffered a serious femoral fracture and related injuries, accepted the mainland medical findings that he was ineligible for a PRC driving licence (thereby precluding return to pre-accident cross-border employment), imputed a reasonable post-2002 earning capacity of HK$2,500 per month, assessed what he would have earned as a cross-border coach driver at HK$12,500 per month, awarded PSLA HK$430,000, pre-trial loss HK$1,309,000 and future loss HK$600,000 (multiplier five years), allowed special damages as itemised, and ordered deductions for EC payment, interim payment and amounts already paid with interest and costs to be taxed.

Court Disposition

Judgment for plaintiff: damages for pain, suffering and loss of amenity and loss of earnings assessed and awarded as specified; costs of assessment to plaintiff; parties to agree calculations and interest to be added.

Orders

  • Award PSLA HK$430000
  • Award pre-trial loss of earnings HK$1309000