TSANG YIK ON v. KAT CHING

TSANG YIK ON v. KAT CHING

The court accepted the Plaintiff's and Mr Chung's evidence, found the Defendant had assaulted the Plaintiff causing serious head and other injuries, rejected the Defendant's unsubstantiated account, established liability, awarded damages quantified for PSLA, past and future earnings and special damages, and ordered deduction of the Employees' Compensation award under s.26(1); interest and costs ordered as specified.

Citation
TSANG YIK ON v. KAT CHING
Parties
Plaintiff: Tsang Yik On; Defendant: Kat Ching
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 March 1997
Case Number
HCPI710/1996
Procedural Posture
Personal Injury Assault (tort) / Judgment on Liability and Quantum
Outcome
Judgment for Plaintiff
Legal Topics
Assault, Causation, Damages (quantum), Deduction of Statutory Compensation, Credibility and Burden of Proof, Interest on Damages
Source Language
EN
Tort Personal Injury Employment/compensation Assault Causation Damages (quantum) Deduction of Statutory Compensation Credibility and Burden of Proof +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Tsang Yik On

Plaintiff

Kat Ching

Defendant

Procedural Posture

Personal Injury Assault (tort) / Judgment on Liability and Quantum

Legal Issues

  1. 1 Whether the Defendant assaulted the Plaintiff causing the injuries
  2. 2 Whether the Defendant's alternate account (that Plaintiff struck first causing fall) was substantiated
  3. 3 Appropriate quantum for pain, suffering and loss of amenities, past and future loss of earnings and loss of earning capacity

Ratio Decidendi

The court accepted the Plaintiff's and Mr Chung's evidence, found the Defendant had assaulted the Plaintiff causing serious head and other injuries, rejected the Defendant's unsubstantiated account, established liability, awarded damages quantified for PSLA, past and future earnings and special damages, and ordered deduction of the Employees' Compensation award under s.26(1); interest and costs ordered as specified.

Court Disposition

Judgment for Plaintiff

Orders

  • Judgment for the Plaintiff in the sum of $2,515,542 HKD.
  • Award of $450,000 HKD for pain, suffering and loss of amenities (PSLA).