THE KANG OH v. WONG YIK FAI AND ANOTHER

THE KANG OH v. WONG YIK FAI AND ANOTHER

Master accepted plaintiff's credible evidence of working 10–12 hour night shifts and comparable present earnings (PW2), rejected the union letter as unreliable, found plaintiff unable to return to taxi driving therefore applied a multiplier of 4 to future loss, rejected a separate award for loss of earning capacity,...

Source-derived case information.

Citation
THE KANG OH v. WONG YIK FAI AND ANOTHER
Parties
Plaintiff: The Kang Oh; 1st Defendant: Wong Yik Fai; 2nd Defendant: Poon Chi Lun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 October 1997
Case Number
HCPI791/1995
Procedural Posture
Personal Injury / Assessment of Damages (damages to Be Assessed After Admitted Liability)
Outcome
Judgment for plaintiff; liability admitted; damages assessed and awarded.
Legal Topics
Loss of Earnings, Future Loss of Earnings, Assessment of Damages, Causation of Economic Loss, Evaluation of Credibility, Costs and Interest
Source Language
en
Personal Injury Torts Damages Civil Procedure Loss of Earnings Future Loss of Earnings Assessment of Damages Causation of Economic Loss +2 more

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Summary, issues, holding and outcome

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Parties

The Kang Oh

Plaintiff

Wong Yik Fai

1st Defendant

Poon Chi Lun

2nd Defendant

Procedural Posture

Personal Injury / Assessment of Damages (damages to Be Assessed After Admitted Liability)

Legal Issues

  1. 1 quantification of past and future loss of earnings (multiplicand and multiplier)
  2. 2 whether plaintiff can return to pre-accident employment
  3. 3 reliability of industry median figures (union letter)

Ratio Decidendi

Master accepted plaintiff's credible evidence of working 10–12 hour night shifts and comparable present earnings (PW2), rejected the union letter as unreliable, found plaintiff unable to return to taxi driving therefore applied a multiplier of 4 to future loss, rejected a separate award for loss of earning capacity, found causation for forfeited deposit established, and quantified and awarded damages accordingly.

Court Disposition

Judgment for plaintiff; liability admitted; damages assessed and awarded.

Orders

  • Award for pain, suffering and loss of amenity (PSLA) $440,000
  • Special damages $11,737