YUEN SIU v. LAU CHOI HAR AND ANOTHER

YUEN SIU v. LAU CHOI HAR AND ANOTHER

Judge accepted plaintiff's evidence that resignation was reasonable given his impairments, personality and employer response; defendant failed to discharge burden to show practicable alternatives; assessed damages accordingly: general damages HK$300,000, pre-trial earnings HK$78,781, future earnings HK$168,600, MPF loss HK$12,368.80, special damages HK$13,775.80, interest HK$63,891.50, total judgment HK$637,417.30.

Citation
YUEN SIU v. LAU CHOI HAR AND ANOTHER
Parties
Plaintiff: Yuen Siu; 1st Defendant (discontinued): Lau Choi Har; 2nd Defendant: Lau Hon Man
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 June 2003
Case Number
HCPI374/2002
Procedural Posture
Personal Injuries Action No. 374 of 2002 / Assessment of Damages (judgment 3 June 2003)
Outcome
Judgment for the Plaintiff against the 2nd Defendant; liability previously entered; damages assessed in favour of the Plaintiff.
Legal Topics
Negligence, Mitigation of Loss, Pain and Suffering, Loss of Earnings, Interest and Costs
Source Language
EN
Tort Personal Injury Damages Assessment Civil Procedure Negligence Mitigation of Loss Pain and Suffering Loss of Earnings +1 more

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Parties

Yuen Siu

Plaintiff

Lau Choi Har

1st Defendant (discontinued)

Lau Hon Man

2nd Defendant

Procedural Posture

Personal Injuries Action No. 374 of 2002 / Assessment of Damages (judgment 3 June 2003)

Legal Issues

  1. 1 Whether the plaintiff reasonably mitigated his loss by resigning and taking lower paid employment
  2. 2 Quantum of general damages for pain, suffering and loss of amenities for residual back injury
  3. 3 Calculation of pre-trial and future loss of earnings

Ratio Decidendi

Judge accepted plaintiff's evidence that resignation was reasonable given his impairments, personality and employer response; defendant failed to discharge burden to show practicable alternatives; assessed damages accordingly: general damages HK$300,000, pre-trial earnings HK$78,781, future earnings HK$168,600, MPF loss HK$12,368.80, special damages HK$13,775.80, interest HK$63,891.50, total judgment HK$637,417.30.

Court Disposition

Judgment for the Plaintiff against the 2nd Defendant; liability previously entered; damages assessed in favour of the Plaintiff.

Orders

  • Judgment entered for the Plaintiff against the 2nd Defendant for HK$637,417.30
  • Interest awarded: HK$6,099 on general damages at 2% p.a. from 8 May 2002 to 14 May 2003 and HK$57,792.50 on pre-trial loss of earnings and special damages at 4% p.a. from 7 November 2000 to 14 May 2003 (total interest HK$63,891.50)