YIP CHUN NAM v. CHAN KANG AND ANOTHER

YIP CHUN NAM v. CHAN KANG AND ANOTHER

On the balance of probabilities the Court preferred the Plaintiff's and an independent caretaker's evidence, found that the Defendants jointly assaulted the Plaintiff causing slight chest injury, and awarded damages totalling HKD 93,310 with specified interest; other claims were disallowed as exaggerated or unproved.

Citation
YIP CHUN NAM v. CHAN KANG AND ANOTHER
Parties
Plaintiff: Yip Chun Nam; 1st Defendant: Chan Kang; 2nd Defendant: Jennifer Tsang (also known as Tsang Lau So)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 March 2003
Case Number
DCPI183/2002
Procedural Posture
Personal Injuries Action Assault / Judgment (24 March 2003)
Outcome
Judgment for the Plaintiff in the sum of HKD 93,310.00; Defendants held jointly liable.
Legal Topics
Assault and Battery, Assessment of Damages, Credibility of Witnesses, Joint Tortfeasors Liability, Medical Evidence
Source Language
EN
Tort Personal Injury Assault Assault and Battery Assessment of Damages Credibility of Witnesses Joint Tortfeasors Liability Medical Evidence

Case Brief

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Parties

Yip Chun Nam

Plaintiff

Chan Kang

1st Defendant

Jennifer Tsang (also known as Tsang Lau So)

2nd Defendant

Procedural Posture

Personal Injuries Action Assault / Judgment (24 March 2003)

Legal Issues

  1. 1 Whether the 1st Defendant punched the Plaintiff and whether the 2nd Defendant pulled the Plaintiff's tie
  2. 2 Causation between the assault and the Plaintiff's physical and psychological injuries
  3. 3 Appropriate quantum of damages for slight chest injury and consequent insomnia

Ratio Decidendi

On the balance of probabilities the Court preferred the Plaintiff's and an independent caretaker's evidence, found that the Defendants jointly assaulted the Plaintiff causing slight chest injury, and awarded damages totalling HKD 93,310 with specified interest; other claims were disallowed as exaggerated or unproved.

Court Disposition

Judgment for the Plaintiff in the sum of HKD 93,310.00; Defendants held jointly liable.

Orders

  • Judgment for Plaintiff in the sum of HKD 93,310.00
  • Interest: HKD 17,500 at 2% p.a. from date of writ to date of judgment