Yeung Lai Ping v. Secretary for Justice

HCPI 833/2002

[2019] HKCFI 2539

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES ACTION NO 833 OF 2002

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D E C I S I O N

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1.In §194 of my Judgment dated 1 April 2019, I granted leave to the parties in these terms:

“I grant liberty to the parties to apply to vary my awards for pre-trial and future loss of earnings and loss of pension benefits, net of tax, on account of the rise in salary of a dental officer, and the tax on such increased salary and pension benefits, and of the plaintiff’s notional salary from January 2017 to March 2019, and the tax on such increased salary and pension benefits.”

2.The parties have availed themselves of the leave I had granted. They have sent me a joint letter dated 20 September 2019 requesting that I vary my Judgment dated 1 April 2019 as follows:

Item of Claim	Amounts awarded	Variation sought
General Damages	$	$
PSLA	325,000	No change
Loss of congenial employment	150,000	No change
Sub-total:	475,000	No change
Pre-trial Loss and Expenses
Medical & Therapy expenses	13,378	No change
Travelling expenses	7,630	No change
Loss of earnings (after deduction of salaries tax)	10,120,957	10,502,099.9
Costs of re-education	90,000	No change
Costs of care	5,810	No change
Sub-total:	10,237,775	10,618,917.9
Sub-total (after deduction of Employees’ Compensation received in the sum of $645,000 on30 July 2004):	9,592,775	9,973,917.9
Post-trial Loss and Expenses
Loss of earnings	5,825,978	6,234,251.73
Loss of pension	4,767,298	5,183,553.73
Medical expenses/appliances	6,310	No change
Loss of earning capacity	142,800	No change
Sub-total	10,742,386	11,566,915.46
And Interest as awarded above on:
General damages	To be calculated	To be calculated
Pre-trial pecuniary losses	To be calculated	To be calculated
Sub-total	To be calculated	To be calculated
Total Damages	To be calculated	To be calculated

3.The variation sought is supported by agreed calculations contained in the schedules to the said letter of 20 September 2019 which are attached hereto.

4.I accede to the joint request of the parties and I hereby vary the quantum of the damages I had awarded to the plaintiff from the total sum of $20,810,161 ($475,000 + $9,592,775 + $10,742,386) and interest to be calculated to the total sum of $22,015,833 ($475,000 + $9,973,918 + $11,566,915) and interest to be calculated.

Mr John Clancey of Ho, Tse, Wai & Partners, assigned by Director of Legal Aid, for the plaintiff

Ms Carmen Poon, Government Counsel of Department of Justice, for the defendant

Attachment_1.pdf

Attachment_2.pdf