ZAHID ANWAR v. GRACEFUL SOUND LTD AND OTHERS

ZAHID ANWAR v. GRACEFUL SOUND LTD AND OTHERS

Court found the plaintiff sustained injuries in the fall but substantially exaggerated ongoing disability; accepted neurological impairment as minor and that prior 2002 injuries did not materially contribute; assessed damages for pain, suffering and loss of amenity at $300,000, loss of earning capacity at $200,000, limited future medicals, awarded specific pre-trial loss sums, deducted employees' compensation of $175,540, ordered interest and costs accordingly.

Citation
ZAHID ANWAR v. GRACEFUL SOUND LTD AND OTHERS
Parties
Plaintiff: Zahid Anwar; 1st Defendant: Graceful Sound Limited; 2nd Defendant: Fu Kee Transportation Company; 3rd Defendant: Leung Kam Tai; 4th Defendant: China Merchants Container Services Limited; 5th Defendant: Sino Plan Development Limtied
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 August 2012
Case Number
HCPI410/2008
Procedural Posture
Personal Injuries Action / Assessment of Damages Following Consent Judgment
Outcome
Assessment of damages for plaintiff with specified awards, set-offs and costs order nisi in favour of plaintiff subject to taxation
Legal Topics
Assessment of Damages, Post Concussion Syndrome, Back Injury, Loss of Earning Capacity, Credibility and Surveillance Evidence, Expert Evidence and Duties, Set Off for Employees' Compensation
Source Language
EN
Personal Injury Tort Employment/workplace Accident Civil Procedure Assessment of Damages Post Concussion Syndrome Back Injury Loss of Earning Capacity +3 more

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Parties

Zahid Anwar

Plaintiff

Graceful Sound Limited

1st Defendant

Fu Kee Transportation Company

2nd Defendant

Leung Kam Tai

3rd Defendant

China Merchants Container Services Limited

4th Defendant

Sino Plan Development Limtied

5th Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages Following Consent Judgment

Legal Issues

  1. 1 Causation and effect of prior incidents (2002) on current condition
  2. 2 Extent and quantum of injury (PSLA and impairment)
  3. 3 Credibility of plaintiff and alleged exaggeration/malingering

Ratio Decidendi

Court found the plaintiff sustained injuries in the fall but substantially exaggerated ongoing disability; accepted neurological impairment as minor and that prior 2002 injuries did not materially contribute; assessed damages for pain, suffering and loss of amenity at $300,000, loss of earning capacity at $200,000, limited future medicals, awarded specific pre-trial loss sums, deducted employees' compensation of $175,540, ordered interest and costs accordingly.

Court Disposition

Assessment of damages for plaintiff with specified awards, set-offs and costs order nisi in favour of plaintiff subject to taxation

Orders

  • Award PSLA (pain, suffering and loss of amenity) $300,000 HKD
  • Award for loss of earning capacity $200,000 HKD