ZARIR KHALID v. GURUNG DURGA BAHADUR AND ANOTHER

ZARIR KHALID v. GURUNG DURGA BAHADUR AND ANOTHER

Master found the 1st Defendant and the staff of the 2nd Defendant assaulted the Plaintiff and that the 2nd Defendant is liable for the acts of its staff; assessed damages as PSLA $250,000, pre-trial special damages $9,680, future medical expenses $87,550, aggravated damages $20,000; disallowed claimed loss of earning capacity; awarded interest as ordered and costs summarily assessed at $46,374.

Citation
ZARIR KHALID v. GURUNG DURGA BAHADUR AND ANOTHER
Parties
Plaintiff: Zarir Khalid; 1st Defendant: Gurung Durga Bahadur; 2nd Defendant: Trendy Investment Limited (trading as Mes Amis)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
8 April 2014
Case Number
DCPI2562/2011
Procedural Posture
Personal Injuries Action / Assessment of Damages (judgment)
Outcome
Judgment for Plaintiff; assessment of damages in favour of Plaintiff following interlocutory judgment; costs awarded to Plaintiff
Legal Topics
Assault, Vicarious Liability of Employer, Pain and Suffering, Loss of Earning Capacity, Future Medical Expenses, Aggravated Damages, Interest on Judgment, Costs Assessment
Source Language
EN
Tort Personal Injury Assault Vicarious Liability Damages Assessment Vicarious Liability of Employer Pain and Suffering Loss of Earning Capacity +4 more

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Parties

Zarir Khalid

Plaintiff

Gurung Durga Bahadur

1st Defendant

Trendy Investment Limited (trading as Mes Amis)

2nd Defendant

Procedural Posture

Personal Injuries Action / Assessment of Damages (judgment)

Legal Issues

  1. 1 Whether the 1st Defendant and staff of the 2nd Defendant assaulted the Plaintiff and whether the 2nd Defendant is vicariously liable for its staff
  2. 2 Appropriate quantum for pain, suffering and loss of amenities (PSLA)
  3. 3 Whether there is a real/substantial risk of future loss of earning capacity

Ratio Decidendi

Master found the 1st Defendant and the staff of the 2nd Defendant assaulted the Plaintiff and that the 2nd Defendant is liable for the acts of its staff; assessed damages as PSLA $250,000, pre-trial special damages $9,680, future medical expenses $87,550, aggravated damages $20,000; disallowed claimed loss of earning capacity; awarded interest as ordered and costs summarily assessed at $46,374.

Court Disposition

Judgment for Plaintiff; assessment of damages in favour of Plaintiff following interlocutory judgment; costs awarded to Plaintiff

Orders

  • Defendants to pay Plaintiff damages totalling HK$367,230
  • Special damages (medical and travelling) HK$9,680 awarded in full