7 May 2012
MOHAMMAD AMJAD v. JOHN M PICKAVANT & CO
- Citation
- MOHAMMAD AMJAD v. JOHN M PICKAVANT & CO
- Court
- Court of First Instance
- Case number
- HCPI100/2009
The court held that issue estoppel operated in the narrow/classic sense to preclude the defendant from relitigating those matters necessarily decided in the earlier EC Judgment: specifically the occurrence of the 1 March 2006 accident and that the plaintiff sustained the right wrist and right thigh injuries as found, and the EC Judge's finding that the HK$150,000 payment formed part of the plaintiff's earnings (commission) so average pre‑accident earnings of HK$32,500 is binding. Consequently specified paragraphs, phrases, annexures and documents in the Answer and JMP statements and certain m…