TSE HING WAN v. CHOY YUEN KEUNG AND OTHERS

TSE HING WAN v. CHOY YUEN KEUNG AND OTHERS

Judge accepted defendants discharged burden on mitigation for the period after 16 September 1997, preferred contemporaneous treating doctors on sick leave duration, found plaintiff entitled to assessed damages calculated by aggregating heads (general damages, pre-trial losses, future loss, loss of capacity, agreed medical expenses) less Employees Compensation Ordinance payment, and ordered interest and costs accordingly.

Citation
TSE HING WAN v. CHOY YUEN KEUNG AND OTHERS
Parties
Plaintiff: TSE HING WAN; 1st Defendant: CHOY YUEN KEUNG; 2nd Defendant: MAN PAK CHAU; 2nd Defendant: MAN BONG KAU; 3rd Defendant: MAN YAU CHEUNG trading as PO ON BUILDING CONTRACTORS LIMITED; 3rd Defendant: SHUI ON BUILDING CONTRACTORS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 January 2000
Case Number
HCPI889/1998
Procedural Posture
Personal Injuries / Judgment on Assessment of Damages
Outcome
Judgment for the plaintiff on assessment of damages in the sum of HKD 1,001,357.5 after deduction of employees compensation payment; costs to follow the event and costs of assessment to plaintiff to be taxed if not agreed.
Legal Topics
Damages Assessment, Loss of Earnings, Loss of Earning Capacity, Mitigation of Loss, Interest, Costs
Source Language
EN
Personal Injury Tort Employment Law Workers' Compensation Damages Assessment Loss of Earnings Loss of Earning Capacity Mitigation of Loss +2 more

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Parties

TSE HING WAN

Plaintiff

CHOY YUEN KEUNG

1st Defendant

MAN PAK CHAU

2nd Defendant

MAN BONG KAU

2nd Defendant

MAN YAU CHEUNG trading as PO ON BUILDING CONTRACTORS LIMITED

3rd Defendant

SHUI ON BUILDING CONTRACTORS LIMITED

3rd Defendant

Procedural Posture

Personal Injuries / Judgment on Assessment of Damages

Legal Issues

  1. 1 Quantum of general damages for fracture of calcaneus and post-traumatic subtalar degeneration
  2. 2 Calculation of pre-trial and future loss of earnings
  3. 3 Whether plaintiff failed to mitigate by not obtaining suitable employment after sick-leave

Ratio Decidendi

Judge accepted defendants discharged burden on mitigation for the period after 16 September 1997, preferred contemporaneous treating doctors on sick leave duration, found plaintiff entitled to assessed damages calculated by aggregating heads (general damages, pre-trial losses, future loss, loss of capacity, agreed medical expenses) less Employees Compensation Ordinance payment, and ordered interest and costs accordingly.

Court Disposition

Judgment for the plaintiff on assessment of damages in the sum of HKD 1,001,357.5 after deduction of employees compensation payment; costs to follow the event and costs of assessment to plaintiff to be taxed if not agreed.

Orders

  • General damages for pain and suffering and loss of amenities awarded HKD 350000
  • Pre-trial loss of earnings from 15 Sep 1995 to 15 Sep 1997 awarded HKD 579000