Hui Long Ting v. Au Siu Chung and Another
Read the full judgment text of HCPI 218/2022 on BabelCite. This High Court CFI judgment was delivered on 10 July 2026.
1. The plaintiff (“Hui”) was seriously injured in a traffic accident back in 2017 during a country park outing organised by his school, the 2 nd defendant (“the School”). The 1 st defendant (“Au”) was the rider of the bicycle which struck and injured Hui in the accident. By his mother and next friend (“the Mother”), Hui commenced action to claim damages against Au and the School. Interlocutory judgment has since been entered against Au for damages to be assessed with costs. The claim against the
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HCPI 218/2022 [2026] HKCFI 3937 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE PERSONAL INJURIES ACTION NO 218 OF 2022 (TRANSFERRED FROM DCPI 707 OF 2020) ________________________ BETWEEN
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________________________ ASSESSMENT OF DAMAGES ________________________ 1.The plaintiff (“Hui”) was seriously injured in a traffic accident back in 2017 during a country park outing organised by his school, the 2nd defendant (“the School”). The 1st defendant (“Au”) was the rider of the bicycle which struck and injured Hui in the accident. By his mother and next friend (“the Mother”), Hui commenced action to claim damages against Au and the School. Interlocutory judgment has since been entered against Au for damages to be assessed with costs. The claim against the School has subsequently been settled while the School has also entered judgment against Au for contribution or indemnity. 2.This is the assessment of damages. BACKGROUND 3.Hui was born on 16 April 2005. The accident happened on 6 November 2017 when he was a 12-year-old Form 1 student of the School, taking part in the outing organised by the School at the Tai Po Country Park, New Territories. Au was riding his bicycle which struck Hui who was crossing the road in the vicinity. Hui was seriously injured and lost consciousness. 4.As a result of the accident, Au was charged with and convicted of careless cycling under section 46 of the Road Traffic Ordinance in November 2018. 5.With legal aid, the Mother, as the next friend of Hui, commenced action in the District Court on 20 March 2020 for damages against Au as the responsible cyclist and the School in its loco parentis capacity at the time (DCPI 707/2020). 6.On 1 June 2020, the School filed notice of contribution and/or indemnity against Au in respect of any liability to pay damages and costs to Hui attributable to the breach on the part of Au. 7.Au did not enter appearance. On 15 September 2020, interlocutory judgment for damages to be assessed with costs was entered in favour of Hui against Au. 8.On 14 July 2022, DCPI 707/2020 was transferred to this level of court. Hence the present action. 9.Hui reached the age of majority in April 2023. On 18 August 2023, Hui filed a notice to adopt the present action in his own name. In January 2024, legal aid was granted to Hui while that previously granted to the Mother was discharged. 10.In January 2024, Hui and the School came to terms in settlement of the present action between them[1]. 11.On 3 June 2024, the School obtained judgment for contribution/indemnity against Au. The order was in terms of any sum which Hui may recover against the School. The reality upon the settlement between Hui and the School would mean that the entitlement of the School to seek contribution/indemnity against Au must now be subject to its terms of the settlement with Hui. There is no issue of finding to be made between Hui and the School or between the School and Au in this hearing. Indeed the School did not appear. 12.However, on 26 August 2024, legal aid to Hui was discharged, and Hui filed his notice to act in person on 4 September 2025. 13.Au was absent from the present hearing. Satisfied with the service of notice of hearing, this court saw no reason for preventing him from proceeding in the absence of the other parties. 14.As of late 2024 and now, the quantum claimed as pleaded amounts to about HK$27 million. INJURIES AND TREATMENTS 15.After the accident, Hui was admitted to the Prince of Wales Hospital (“PWH”) in the following condition:
16.Insertion of external ventricular drain was performed. In view of high intracranial pressure, CT scan was carried out, which showed evolving right epidural hematoma underneath the temporal bone fracture and further evolution of the cerebellar hematoma. Right transverse-sigmoid junction sinus obstruction related to the comminuted fracture of the right temporal bone was found. A second operation was performed on the same day for the evacuation of the epidural hematoma and evacuation of the haemorrhagic cerebellar contusion. 17.After surgeries and sedation therapy, Hui’s intracranial pressure became stable. However, due to episodes of post-traumatic seizures and respiratory distress caused by the lung collapse and contusion, Hui had to be put under intensive care and reintubation. 18.On 7 November 2017, the ophthalmologist diagnosed that Hui suffered from right 6th and 7th cranial nerve palsy. After reviewing the CT scan on 9 November 2017, the doctor found that Hui has a left superior orbital hematoma with surgical emphysema with no orbital fracture. 19.Hui had a development of pseudo meningocele at the posterior fossa, which required prolonged drainage of cerebro-spinal fluid. This was eventually repaired on 4 December 2017. 20.Hui finally regained consciousness on 15 December 2017, which was more than 5 weeks after the accident. 21.On 26 February 2018, CT scan still showed hydrocephalus with the same ventricular size as what the CT scan showed in mid-January 2018. However, further operation to address that was declined by Hui’s parents due to uncertain beneficial effect. 22.Hui was discharged on 20 April 2018, which was 5.5 months after admission. Upon discharge, Hui could walk, requiring only minor support. He was cognitively well and able to communicate fluently. He was followed up in out-patient physiotherapy and occupational therapy. 23.Until late April 2019, Hui had undergone 54 sessions of occupational therapy at PWH. Hand function assessment on 3 December 2018 showed that his bilateral hand function was still below norm for both hands. Occupational therapy concluded by mid-July 2019. Assessment in mid-July 2019 suggested that Hui had moderate deficit in memory but satisfactory performance in other cognitive domains. He was therefore advised to continue home based training in cognition, activities of daily life (ADL) and hand function after full resumption of schooling. 24.Physiotherapy at Queen Elizabeth Hospital (“QEH”) started in mid-April 2018. By mid-October 2019, Hui reported no functional limitation in his ADL. However, muscle power of his face, right upper limb and lower limb remained similar as when he commenced physiotherapy. He could perform single leg standing for 10 seconds and walk unaided and independently. By the end of 2019, Hui had attended 57 sessions of physiotherapy. 25.Pure tone audiogram performed on 26 July 2018 at the Ear, Nose and Throat (ENT) Department of PWH suggested that Hui had a moderate to severe sensorineural hearing loss. This later improved to a mild to moderate degree. He also had swallowing difficulty. Between early September 2018 and the end of 2019, Hui had attended 8 sessions of speech therapy. He scored aphasia quotient of 99.4/100 in the Cantonese Aphasia Test. His swallowing function was said to have improved so that he could tolerate a regular diet and thin liquid consistency without overt aspiration signs. He remained mildly dysarthric, characterized by mild imprecise articulation and monotonous speech production. Oro-motor and speech training continued. 26.The Mother has also taken Hui to electro-acupuncture with Chinese herbal medicine prescriptions for 35 sessions between late January 2018 and early November 2018. The registered Chinese medicine practitioner noted that Hui became able to use his muscles normally and walk and run stably. His facial paralysis and hearing loss was mitigated, and he was able to drink water without choking. 27.Hui also attended clinical psychological assessments at the Adolescent Medical Centre on 2 August 2018, with two follow-up sessions on 14 January 2019 and 18 July 2019. At the last appointment, Hui reported that he was motivated to make further improvement in his academic performance and rehabilitation training. He managed to cope with his homework, and he felt less stressful. The Mother has adjusted her expectation regarding his progress in rehabilitation training. On this basis, it was agreed that no further clinical psychologist appointment would be necessary. 28.In early March 2024, Hui experienced attack of muscle spasm, and consulted Dr Fung Chin Fai, a neurologist (“Dr Fung”). Electroencephalogram (EEG) examination at St Teresa’s Hospital revealed normal result. Hui consulted the doctor again in early April 2024 for repeated muscle spasm, and was given medication for epilepsy. MEDICAL EXPERT EVIDENCE 29.Reports from medical experts of multiple disciplines have been commissioned for the purpose of quantum. The neurology experts examined Hui when he was 15 years old. The experts of the other disciplines examined Hui and produced their reports when Hui was 16 years old. The neurological expert instructed on behalf of Hui had the chance to examine Hui again when he was about 19 years old and about to graduate from secondary school. Neurological experts 30.Dr Yu Yuk Ling (“Dr Yu”) and Dr Kan Yiu Ting (“Dr Kan”) were respectively instructed on behalf of Hui and the School. The neurological experts conducted the joint neurological examination on 29 December 2020, and compiled their joint expert report dated 23 February 2021. The experts shared the following opinion. 31.Hui suffered extremely severe brain injury as a result of the accident. The experts considered that it was near miracle that Hui managed to survive, and substantial neurological sequelae was inevitable. Hui’s cognition and highest integrative function have been impaired. He suffered from significant degree of speech difficulty. His impairment of mood, behaviour and personality was significant rendering him a somewhat stranger to his family and those familiar to him. His experience of minor headache and giddiness were symptoms of post-concussion syndrome. His impairment of balance and dexterity as the result of the cerebellar injury led to a reduction of efficiency in conducting daily living tasks, hampering with his study and destroying his hobby and sport activity. There were sensory disturbances in his trigeminal nerve. His injured right facial nerve has resulted in facial disfigurement, and the right facial nerve palsy resulted in lagophthalmos. He experienced mild hearing impairment. While the complaint about previous episodes of epilepsy in the early post-injury phase was noted, the experts found that Hui was seizure-free at the time of the joint examination. 32.The experts opined that Hui has reached maximal medical improvement. His neurological impairment amounted to 37% of whole person, and was likely permanent. Considering his pre-accident high academic achievements and awards, the experts observed that the significant impairment has diminished Hui’s intelligence, which would result in his inability to enter top tier university and profession of high earnings in the future. Given his physical condition, Hui was not considered to be capable of heavy labour or craftsmanship of high calibre. All these might leave him with the prospect of resorting to low-earning sedentary occupations in the future such as security guard and warehouse clerk. On this basis, and in quantitative terms, the loss of earning capacity was projected to be 70%. Observing that Hui was ambulatory and could self-feed, the experts considered that reduction of his life expectancy would be unlikely. 33.With leave of the court, supplemental expert report was obtained from Dr Yu. In his report dated 30 May 2024, Dr Yu noted the more recent complaints of Hui. Hui complained about headache daily, lasting for about 30 minutes each time. That disturbed his sleep and therefore concentration in his study. Daily dizziness also happened, lasting for about 30 minutes each time, particularly during the time when he prepared for public examination. 34.Dr Yu reported that under the Montreal Cognitive Assessment – Hong Kong Version (HK-MoCA), Hui’s neurological status has improved, when comparing with the examination results back in December 2020. This was due to his effort put into the training of his language, cognitive and limb function. However, Dr Yu opined that the residual neurological deficits would remain, including neurocognitive and neuro-behavioural impairments, dysphasia, epilepsy, right facial paresis with lagophthalmos, right hand clumsiness, truncal ataxia, headache and dizziness. Regarding that, Dr Yu also noted the recent diagnosis of Dr Fung, as mentioned above, about Hui’s post-traumatic epilepsy in the form of complex partial seizure, and his prescription of anti-epileptic drug for Hui. 35.On the basis of his latest conditions, Dr Yu assessed Hui to be suffering 22% impairment of the whole person. This shows his substantial improvement since the last assessment when Hui was a few years younger. However, in the light of his post-traumatic epilepsy, Dr Yu recommended follow up at neurological clinics every 3 months. Dr Yu withheld further assessment of Hui’s loss of earning capacity in the light of his pending public examination result then. However, he added his recommendation against career entailing danger in the event of seizures due to the post-traumatic epilepsy. ENT expert 36.Dr Au Wing Wah (“Dr Au”) was appointed as the single joint ENT expert on behalf of Hui and the School. Physical examination was carried out on 10 August 2021. The expert report was dated 14 September 2021. 37.Upon physical examination and assessment, Dr Au opined that Hui had incomplete right facial nerve palsy and right hearing impairment. 38.The right facial nerve palsy was the direct result of the accident. This caused inability to close his right eye completely, with 2/5 remaining unclosed during the examination, as well as slight deviation of the angle of his mouth to the left, which was more visible when he smiled or talked. Dr Au opined that such disabilities would likely be permanent without improvement. As a remedy, Dr Au suggested nerve grafting but the process would be invasive and unpredictable. The parents were noted to be reluctant to such surgical intervention. From the ENT perspective, impairment was assessed to be 5% of whole person. 39.Evidence of air and bone conduction were found during the latest hearing test, and Dr Au opined that Hui was profoundly deaf in his right ear. The disability would not improve, which Dr Au assessed to amount to 4% of whole person impairment. The fitting of hearing aid was recommended. Ophthalmology expert 40.Dr Tsui Chung Wan (“Dr Tsui”) was instructed on behalf of Hui and the School as single joint ophthalmology expert. The expert examined Hui on 17 August 2021. The expert report was dated 4 October 2021. 41.Hui’s problem was right eye discomfort and dryness due to incomplete covering of right eyelid during blinking and sleep. He also complained about the jerking movement of the eyes when looking towards the right side, and that he would occasionally bump into people on his right side in the street. Hui has been on regular artificial tear supplement and lubricant ointment for the right eye exposure keratopathy. 42.Dr Tsui detected that Hui’s best corrected visual acuity was right eye 1.0 and left eye 1.0 respectively, indicating no acuity-related visual impairment. With the use of the Humphrey Field Analyzer, Dr Tsui assessed Hui’s visual field defect resulted in about 26% visual field impairment, which was a 5% impairment of the whole visual system and 5% impairment of whole person. Dr Tsui opined that from the ophthalmological perspective, Hui should have normal ability in performing activities of daily living with normal reserve capacity. 43.Dr Tsui opined that the condition of Hui’s right eye visual field being overlapped by his left eye could be compensated and would be unnoticeable in binocular visual field. His right eye temporal field defect however could not be compensated. There was also horizontal nystagmus on right gaze. As a result, Hui may experience slight blurring of vision as well as some difficulty in reading fine prints, perceiving depth and walking on uneven surface or crossing a busy street. On account of these impairments, and purely for reference, Dr Tsui assessed that Hui would suffer 10% loss of earning capacity. Psychiatric experts 44.Dr Tsang Suk Kwan Jenny (“Dr Tsang”) and Dr Law Wun Tong (“Dr Law”) were instructed on behalf of Hui and the School respectively as the psychiatric experts. The joint examination was conducted on 10 August 2021. The experts produced their joint report dated 6 October 2021. 45.The psychiatric experts noted that Hui presented with insomnia, irritability, crying, social withdrawal and depressed mood. They agreed on the diagnosis of adjustment disorder with depressed mood, which was wholly caused by the accident. Dr Tsang observed that Hui felt helpless and hopeless when faced with decline in his abilities. He felt high level of irritability, and the outburst took the form of conduct such as smashing things onto the floor and throwing a chair in July 2020. Hui would also quarrel with his younger sister. 46.The experts slightly differed on the prognosis. 47.Dr Tsang opined that the prognosis of Hui’s adjustment disorder would hinge upon resolution of stressors being the multiple physical impairments, memory and other cognitive impairment experienced by him. He opined that Hui would continue to suffer from significant irritability and temper outburst in the future. In view of his having reached maximal medical improvement and the permanent physical impairment being moderate to severe, Dr Tsang opined that the prognosis of the adjustment disorder would be less favourable. 48.Whilst Dr Law agreed that the major stressor would be the neurocognitive impairment, which was moderate and unfavourable, he opined that Hui would gradually adapt to school life again and cope with his study. The expert observed that Hui did show marked impairment in his mood. He opined that the prognosis should be guardedly favourable. 49.Dr Tsang assessed that Hui suffers from 8% permanent impairment on psychiatric grounds, corresponding to minor residual symptoms with some increased risk of decompensation under stressful situations. Dr Law opined that Hui’s adjustment order belonged to the mild range, amounting to 5% permanent impairment of whole person. Plastic surgery experts 50.Dr Mok Chun On (“Dr Mok”) and Dr Ian Nicolson (“Dr Nicolson”) were instructed as the plastic surgery experts on behalf of Hui and the School respectively. The experts conducted the joint examination of Hui on 26 August 2021. The experts produced their joint expert report dated 21 October 2021. 51.The experts observed visible scars on Hui’s scalp and limbs caused by the accident. They considered the long scar on the occipital scalp was mostly covered by hair when properly groomed. The hypertrophic scars on his limbs were minor, asymptomatic with no interference with limb movement, and therefore no surgical intervention would be necessary. They shared the view that these scars accounted for 1% permanent impairment of whole person. 52.The experts agreed with the observations of the neurological experts about the right facial paresis of Hui. They also noted his lagophthalmos was managed by the specialist in the public hospital, and no signs of desiccation or conjunctivitis was detected yet. The suggestion by the treating specialist of plastic procedure like weight implantation over the right eyelid was noted, which the expert opined might be carried out in the public sector at reasonable nominal cost. Occupational therapists 53.Mrs Tsang Lau Kit-ping Alice (“Mrs Tsang”) and Dr Cheng Shu-kei, Andy (“Dr Cheng”) were instructed on behalf of Hui and the School respectively as the occupational therapy experts. The experts conducted their joint interview on 19 August 2021. They produced their joint expert report dated 19 November 2021. 54.During the joint interview, Hui complained about unsteadiness and poor balance when walking. He has been bumping into furniture at home. His speed of doing things and agility have been reduced. There was presence of tremor in both his hands, though much improved than the condition after the accident. He was slow in writing, thinking and speaking. He would require longer time before expressing his thoughts. He would also require more time for examinations, with some subjects needing up to 60% additional time. He has been excused from physical education classes. He complained about trouble in closing his eye completely and no vision in his right eye except for some light. Information was obtained from the Mother, including that about Hui’s experiences of nightmare and scream during the night, though occurrence has much reduced. 55.The experts shared the observations that Hui was attentive and motivated to perform instructed tasks. He did not show much emotion and was slow in expressing himself. Comprehension was basically acceptable for simple tasks but slightly poor for complicated procedures. Speed of work was excessively slow and so was accuracy. Physical balance was found to be slightly unwarrantable, and Hui could not maintain single leg standing. 56.The occupational therapy experts made various recommendations on Hui’s living conditions as well as solutions to remedy Hui’s disabilities and impairment, psycho-social and family problems. They will be particularised and discussed below. ORAL EVIDENCE 57.Hui and the Mother gave evidence, essentially by adopting their respective witness statements. Hui made his witness statements when he was between 15 and 19 years old. The last one was dated early 2024. 58.Hui’s father was supposed to but did not attend the hearing to testify. Hence exclusion of his oral evidence by way of witness statement. 59.The evidence of Hui and the Mother, considered together with their information relayed to the medical experts mentioned above, reveals that Hui was a normal, healthy and sportive boy prior to the accident. He was academically sound, particularly in mathematics, and received numerous open academic and extra-curricular activity awards. He was grade 6 going on 7 on the piano. Apart from taking care of himself, he helped out in family chores and looked after his younger sister. 60.In court, Hui gave an update on his current condition since his last witness statement. He complained about epilepsy during sleep, and could be awakened by muscle clamp suddenly. He would feel stressful, with shaking hand when holding a bottle. According to the Mother, medication to address his epilepsy was of little effect. 61.Hui is disturbed by his scar and facial palsy, rendering it hard for him to open up or to properly express himself. He becomes reluctant. He feels its impact on his human interaction as well as potential employment due to concern about ability to impress during job interview and performance. He loses temper on the family too. 62.According to the Mother, Hui has undergone an eyelid surgery recently in January 2024 with unremarkable improvement to his inability to fully close his right eye. The resultant irritation noted by the medical experts mentioned above remains. 63.Hui feels his motivation has dropped, and tends to get tired easily. This affects his study, and he has given blank answer during examination. That said, Hui was at the time of the hearing in his second year studying under the Joint University Programmes Admission System. Currently he is studying economics, after having tried out psychology during the first year. He admits that it would be better to have a diploma qualification, but his goal and direction are at the moment fluid. 64.This court had the opportunity of observing the ability of Hui to articulate and to express himself as well as his demeanour, and finds that it much aligns with that made by the medical experts mentioned above, particularly the most recent opinion expressed by Dr Yu, the neurological expert. Hui was clear but slow and monotone. His current condition shows noticeable improvement since the time when the experts examined him when he was about 16 years old. 65.The evidence of Hui and the Mother was of course uncontradicted. I also see no other reason why their evidence, including that mentioned above, should not be accepted, subject to evaluation against all the other evidence. PAIN, SUFFERING AND LOSS OF AMENITIES (PSLA) 66.Hui met the accident when he was 12 years old. Categorisation by the neurological experts of Hui surviving the accident as near-miracle speaks loudly about the seriousness of what fell on him. So do the medical records. I find it safe to say the same regarding his striving through his entire teen age under his post-accident conditions. Pain from the injuries and the prolonged treatment aside, that Hui would have to face the obvious compromise of what he used to achieve, and expected to have been able to achieve but for the accident, adds to his suffering. This has been manifested and readily observed by the various medical experts as well as this court listening to him during the hearing. 67.In Lee Ting Lam v Leung Kam Ming [1980] HKLR 657, the court categorised seriousness of injuries in the ascending order of serious injury, substantial injury, gross disability and disaster. The range of award for each category was updated in Cheung Ka Man v Wong Yu Huen [2023] 2 HKLRD 418 in light of inflation so that damages for:
68.Hui claims that his case falls into the “gross disability” category attracting an award of damages in the sum of HK$1,200,000. 69.No assistance on decided case as comparables were provided to this court. Hence this court’s reference to cases including Chan Siu Lung v Yip Kam Shui & Ors [2022] HKCFI 970; Lai Pui Ling suing by her brother and next friend Lai Hin Ho v Ho Chi Keung [2016] HKCU 1190; Siu Kin Keung Anthony v H&M Hennes & Mauritz Ltd HCPI 81/2011 (31 October 2012); Ngan Man Yuk v Lau Kwan Him & Anor [2005] HKCU 248; Lee Wai Kin v Cheng Hon Kit Jacker HCPI 1488/2000 (6 July 2002); Lau Ming Wah v Yau Ka Fai [1989] HKLY 481. 70.All the circumstances of Hui considered, including the serious injuries, complicated treatment and hospitalisation period as well as the pain and compromise of abilities and quality of life during his post-accident upbringing and adulthood, I accept that the present case belongs to the top end of the category of “substantial injury”. In terms of quantification, which is not entirely a matter of strait-jacketing, I find an award of HK$1,000,000, inflation by now factored in, would be reasonable. LOSS OF SERVICE 71.Loss of service is claimed pursuant to section 20C(4) of the Law Amendment and Reform (Consolidation) Ordinance, Cap 23. The section provides:
72.A dependant is defined by subsection (5), which includes under (5)(d) any parent of the injured person. Essentially, Hui claims damages on the basis that his ability to render services to his parent(s) as his dependant(s) was impaired by the accident. This in turn is based on the household help he used to provide as mentioned above. 73.Whilst this court does not rule out that as a matter of fact, Hui was dutiful in taking care of himself and in addition lending help to the household chores before the accident, and that this was appreciated by his parents who were working couple, the situation should nevertheless be understood realistically against the fact that Hui was only a 12-year-old boy at the time of the accident. 74.Hui would have developed into his teen age when his academic and miscellaneous commitments would only have increased if one refers to the scale of them and his ability to excel in them already by the time of the accident. On balance, the situation of Hui by the time and subsequent to the accident does not impress me as sufficing in justifying an award for loss of the value of his service to the family as such. I am therefore not prepared to award this item of claim. SPECIAL DAMAGES 75.Hui claims for a total of HK$617,437.97 consisting of the following items of expenses incurred by August 2024:
Medical expenses 76.Some 14 items of medical expenses are claimed, amounting to a total sum exceeding HK$130,000. The treatment included occupational therapy, physiotherapy, speech therapy, ENT consultation, ophthalmological treatment, paediatric treatment, surgery, clinical psychologist consultation, acupuncture and Chinese medicine. Receipts were disclosed. 77.Expunging what appear to be duplicates, the receipts disclosed manage to evidence a total sum of about HK$100,000 spent on medical expenses. In view of the extensiveness and duration of the regular multiple treatments needed by Hui, this court is prepared to give some leeway for some medical expenses actually incurred but the relevant receipts could no longer be produced. Within fair and reasonable range, a lump sum of HK$120,000 is awarded under this item. Miscellaneous expenses 78.A sum of about HK$160,000 is claimed for expenses incurred on diapers, gymnasium membership for 6 months, piano room rental, medicinal ointment, exercise equipment, private tutorial lessons, cotton wool and rehabilitative eye gauze. This is nearly 3 times the amount as of December 2021 pleaded in the previous version of statement of damages dated early 2023. Importantly, the receipts disclosed only manage to evidence a negligible fraction of the expenses claimed. This court is prepared to accept that these expenses were incurred with the support of medical recommendation and actual needs to address Hui’s recovery and conditions. Hence the readiness of this court to award a reasonable sum notwithstanding the lack of complete documentary proof. 79.As to the 6-month gym membership, this probably came about after his cessation of physiotherapy and occupational therapy in December 2022, as Dr Yu noted in his supplemental report in 2024. Otherwise, this court would have been sceptical about the reasonableness of the simultaneous attendance of physiotherapy and occupational therapy and personal physical training at the private gym. As discussed below, this would be the view taken insofar as the claim for these future expenses is concerned. 80.This court is prepared to award a total sum of HK$100,000. Travelling expenses 81.A total sum of slightly more than HK$70,000 is claimed for travelling expenses. This court has no problem with the explanation about the types and frequency of the travelling necessitated by the need and condition of Hui. Nor is the lack of complete evidential proof beyond reasonable understanding and acceptance. An amount of HK$70,000 is allowed. Tonic food and Chinese medicine 82.This is a substantial item, amounting to slightly more than HK$254,000. This is more than 3 times the amount claimed as of December 2021 pleaded in the previous version of statement of damages filed in early 2023. 83.The principles are trite. Besides the expenses, their necessity and reasonableness for the purpose of recovery or easing of the patient’s condition should be properly proved by medical evidence. The Chinese medicine might somehow come about upon such medical consultation. There is indeed such medical report by the registered Chinese medicine practitioner/acupuncturist treating Hui. However, the expenses on other tonic food, as usual, were incurred in the absence of medical recommendation and evidence of their necessity for the purpose mentioned above. As such, the court normally considers making a nominal award, taking into account the circumstances of the patient: see for instance King Light Industrial Ltd v Lo Wai Keung [1994] 3 HKC 54. 84.All the circumstances considered, a nominal sum of HK$80,000 is allowed. Extra expenses for repeating Form 1 85.The amount claimed for stationery, books and school attire entailed by the repetition of academic year in the sum of say HK$1,812 is allowed. Total special damages 86.The total special damages are therefore HK$(120,000 + 100,000 + 70,000 + 80,000 + 1,812) = HK$371,812. VALUE OF SERVICES OF THE PARENTS 87.At the time of the accident, the Father worked as a transportation/courier worker and allegedly earned about HK$14,000 per month while the Mother worked as a jewellery saleslady allegedly earning about HK$20,000 per month. According to the Mother, she and the Father had to suspend working in order to care for Hui after the accident. The Father resumed working 9 months later in August 2018. The Mother did not do so until March 2019 but on a part-time basis. Considering the circumstances of this case, I find the duration of the parents sparing themselves from work, fully or partially, in order to care for Hui to be reasonable. 88.Value of gratuitous service should be awarded on the basis of the value of the earning capacity of the service provider which was given up in order to provide the service: see Lai Chi Wai v Tong Hung Kwok & Anor [2020] 6 HKC 1 at §140. In Lai Chi Wai, the court expressed his reservation about attaching a value to such service by reference to the hypothetical cost of hired domestic help. This court agreed with that in Cheung Hay Shing v Dr Pang Ka Hung Peter & Anor [2026] HKCFI 2386 at §245. In other words, the value of service should be measured by the loss of income due to the giving up of job or the opportunity to work to the full capacity by the service provider. 89.The employer’s returns concerning the Father were disclosed at the latest by his witness statement served in late 2020. Though his oral evidence by way of witness statement is expunged, the documents disclosed are referable evidence. The return for the tax year 2015/2016 shows the Father’s total income of HK$142,250 or monthly HK$11,854. That of another employer of the Father for the tax year 2017/2018 (up to 1 March 2018, ie 11 months) shows a lower total income of HK$98,063 or monthly HK$8,915. The Father did not attend the hearing, and therefore did not get to elaborate or explain his pre-accident average income level as pleaded, which does not align with the most recent tax return by the time of the accident. In the circumstances, I should adopt the actual income according to the document as the applicable income for the purpose of assessing the value of the Father’s service since the accident. Hence HK$8,915 x 9 months = HK$80,235. 90.According to the employer’s returns concerning the Mother for the tax year 2017/2018 (up to the end of January 2018, ie 10 months in total), working as a saleslady at the jewellery shop and a part-time waitress at a restaurant brought her (not counting her retirement payment) an average monthly income of approximately HK$18,000. 91.The claim as pleaded is for value of the Mother’s service measured by her loss, including partial loss since resumption of work in 2019. Her employers’ returns show that she resumed working for a jewellery store in January 2019 until late 2020. She then did not resume working for jewellery store until mid-2023. She also started working for a property management company since October 2019. The tax returns show her following average monthly income from these jobs during the tax years since resumption of work in 2019:
92.In my judgment, the value of the Mother’s service since her resumption of work in early 2019 may be measured by the partial loss of income due to her inability to work to her full capacity in order to spare herself to care for Hui. One however should not lose sight of the situation between 2020 and 2023, which was the intervening COVID-19 pandemic. As commonly known, the pandemic would have impacted particularly on the Mother’s pre-accident jobs in luxury retail and restaurant. There is every reason for suspecting that she would have been unable to work to her full capacity in those pre-accident jobs, and thus subject to substantial reduction in income, during such period even without the accident to her son. 93.The fact was that since her resumption of work in 2019, the tax returns show that the Mother’s major source of income was from the property management company she started to work for in late 2019. They show no income from working for jewellery store(s) since late 2020 until mid-2023. That tends to testify as to the extent to which she would have been able to work to her full capacity, and hence her income, from her pre-accident lines of work during the pandemic. 94.In the circumstances, I would proceed to assess the value of the Mother’s service on the following basis:
95.As such, the value of the parents’ service occasioned by the care need of Hui was a total sum of HK$(80,235 + 234,000 + 131,971 + 59,573) = HK$505,779. FUTURE LOSS OF EARNING/LOSS OF EARNING CAPACITY 96.It is always difficult to assess the loss of earnings and earning capacity of a plaintiff who was a minor at the time of the accident and yet to enter the job market at the time of the assessment. 97.In Man Kwok Ngai, an infant by his next friend Man Kam Wong v Fong Hok Wong & Anor HCPI 1033/2001 (26 March 2003), the circumstances were so uncertain and speculative that the court refused to grant an award for loss of earning capacity of the infant. In Law Yin Pok Bosco, a minor by Lam Po Yee, his mother and next friend v Dr Chan Yee Shing aka Dr Chan Yee Shing Alvin HCPI 369/2010 (20 November 2012) (upheld in this aspect on appeal: [2014] 2 HKLRD 260), the court refused to grant any award for future loss of earnings in the absence of evidence in support of realistic contemplation of the alleged future career of the infant. Both cases involved infants of tender age. 98.The injured minor in Chu Man Ting v Kwan Kam Kei & Anor [2003] 1 HKLRD 404 was about to commence teen age at the time of the accident. Whilst acknowledging the difficulty, the court awarded a lump sum, which was cross-checked with an estimation based on the multiplier/multiplicand approach. 99.The above instances tell that each case depends on the view of its circumstances which the court is entitled to take upon the evidence. The difficulty in the present case was apparently acknowledged by those formerly acting for Hui. In the previous version of statement of damages, counsel then for the Mother/Hui acknowledged the inappropriateness of applying the multiplicand/multiplier approach in the circumstances. There and in the current version of statement of damages, the pleaded claim is one for a lump sum of HK$3,000,000 representing the future diminution of earnings or loss of earning capacity as well as delay by 1 year in entering the job market suffered by Hui. 100.By way of pleading and submission in court, no explanation was given for the lump sum as pleaded. I would therefore approach this head of claim in 2 stages. 101.The first stage involves finding whether Hui would likely suffer future loss of earnings/earning capacity as a result of his disabilities. 102.As mentioned, the evidence abundantly showed that Hui exceled in mathematics, constantly winning prizes in yearly open competitions prior to the accident. He also won prizes in an annual open school speech festival. He was good at piano, and on his way to grade 7 by the time of the accident. School academic reports showed grade A in most subjects, resulting in the same overall grade. Hui enjoyed good reputation in personality and learning potential. The Mother aspired for his son to becoming a musician or actuary while he himself stated ambition of becoming a doctor or a lawyer or a comedian but for the accident. 103.The post-accident condition and its impact on his development were discussed above, and acutely noted by the medical experts. In view of his pre-accident life and tendency as well as self-projection, the consideration is not so much about the impact of the injuries and residual disabilities on his physical ability to handle manual labour. That would not have been his direction in any event. More probably than not, it would be the impact on his capacity to take up and to secure a white-collar job. 104.The compromise of his abilities and potential of achievement in his secondary and tertiary education as well as advance education is apparent. He managed to finish Form 6 at the School, and his performance at the Hong Kong Diploma of Secondary Education Examination (DSE) enabled him to be accepted by the Metropolitan University (formerly Open University) through the Joint University Programmes and Admission Services Office (JUPAS) in 2024. On the balance of probabilities, I am satisfied that but for the accident, Hui would have continued to perform reasonably well at school so as to enable him to pursue his strength and interest in one of the conventional top tier universities. Whilst there would have been and would still be uncertainties in life, chances are that he should have been able to embark his white-collar working life armed with a reasonable tertiary education qualification better than what may now be expected. 105.Once the above is accepted, the circumstances are distinguishable from those previous cases mentioned above where the uncertainty and significant speculative factor were present due to the very tender age of the injured infants, and hence the reservation expressed by the court in those instances. The situation of Hui in the present case is different. As such, the court will just have to do the best, and the impossibility of precision should not be let stand in the way of deciding on a reasonable award for the recognised loss. Hence the second stage of the consideration. 106.Hui is yet to enter the job market. His major study at the current university, which changed substantially after his first academic year, did not quite suffice in casting light on his probable job. As mentioned, Hui and the Mother differed in their aspired achievable occupation of Hui but for the accident. Importantly, the state of the evidence does not suffice in founding a realistic basis for either of their projections to be accepted as concrete. In the circumstances, this court is only prepared to believe in the likelihood of Hui securing a reasonable office job with pay commensurate with his tertiary education level and qualification but for the accident. 107.Hui has in fact suffered delay of 1 year in entering the job market. Further, he would likely suffer disadvantage in the relevant labour market. In terms of the explanation in Moeliker v A Reyrolle & Co Limited [1977] 1 WLR 132 and Chan Wai Tong v Li Ping Sum [1985] HKLR 176, this would take the form of a risk of inability to secure his employment or the risk of under-employment in the future. 108.When all these circumstances are considered, it would appear that the lump sum award claimed on behalf of Hui is not unreasonable. For what is worth, had the exercise been an assessment by the multiplier-multiplicand approach on the basis of the expected income difference, it is likely that the resultant amount would not have been materially less, in view of the substantial normal working lifespan of Hui which is only about to commence, and hence the maximum applicable multiplier in his case. 109.I therefore make an award as claimed under this head. FUTURE EXPENSES 110.Future expenses are claimed for medical consultation and treatment, training and tuition, domestic helper, aids, equipment and consumables, accommodation, travelling and do-it-yourself (DIY) replacement. They are respectively set out in the breakdown and computation scheduled to the re-revised statement of damages. They account for more than HK$21 million, and thus 80% of the total pleaded claim. 111.The claim for these future expenses is advanced on the basis of the alleged needs of Hui mostly for the rest of his natural lifespan, in which case a multiplier of 32.87 is proposed for computation purpose. This court does not take issue about the proposed multiplier on such basis, but the fundamental beginning question is whether or not all of these expenses could in fact be said to be necessitated by the injuries and residual disabilities of Hui which would not have arisen had the accident not happened. In my judgment, some per se and some, in terms of extent, are questionable. I shall discuss them one by one. Future medical expenses 112.Hui is claiming a total of HK$2,463,737 under future medical expenses, which was explained in Part A of the schedule to the re-revised statement of damages. The expenses consist of:
ENT treatment 113.Hui is claiming for ENT treatment expenses in the form of the cost of hearing aid. 114.Dr Au, the single joint ENT expert, recommended the use of hearing aid by Hui. However, the normal hearing aid would not be helpful as Hui is profoundly deaf on the right side. Hence his recommendation for the use of “CROS”, which is the aid for re-routing of sound input from the left side. The expert discussed the pros and cons of the use of this aid, which would also require test use and adaptation by Hui. Subject to that, the quoted cost of a set, which the expert accepted, would be HK$24,800. 115.This is a reasonable amount to be allowed on a lifetime basis. According to the expert, the aid would need replacement every 4 to 5 years (say every 4.5 years). The cost of the aid will be HK$24,800/4.5 years x 32.87 = say HK$181,150. 116.Batteries would be necessary. The battery would last for 100-120 hours. About 88 batteries would be needed per year. At HK$100 per 6 units, the total cost would be HK$100/6 x 88 = HK$1,466 per year. As claimed, the battery cost will be HK$1,466 x 32.87 = HK$48,187. 117.The total cost of the hearing aid will be HK$181,150 + 48,187 = HK$229,337. Ophthalmological treatment 118.Hui was first assessed by ophthalmologist in late 2017, when his right 6th and 7th cranial nerve palsy were found to cause his exposure keratopathy. Dr Tsui, the single joint ophthalmology expert, noted that corrective surgery has been offered but the parents of Hui opted for conservative treatment. The treating ophthalmologist reported that as of mid-2019, Hui’s right exposure keratopathy has been followed up and treated with artificial tear supplement and lubricant ointment. The lid position was well and he had no diplopia or pain. 119.Dr Yu, in his supplemental neurological expert report, also observed that corrective surgery for lagophthalmos was in fact performed recently in January 2023. This was confirmed by the Mother in court, who added that the effect was not remarkable. 120.In the circumstances, I see insufficient basis for believing on balance that further corrective surgery would be necessary or attempted. It would not be reasonable to make an award for this item of claim in these circumstances. Psychiatric treatment 121.The treatment and observations provided by the treating clinical psychologist up to July 2019 were summarised under the section on injuries and treatment above. She reported that given Hui’s improvement and stable condition, no further follow up appointment was arranged afterwards. 122.Notwithstanding that, Dr Tsang, the psychiatric expert instructed on behalf of Hui, recommended monthly psychotherapy by clinical psychologist for another 2-3 years to work on his anger management issue while continuing counselling service and social skill training by school social worker. This has the support of the joint opinion of the neurological experts. 123.Dr Law, the psychiatric expert instructed on behalf of the School, opined that Hui has reached maximal medical improvement so that further psychiatric treatment would not be recommended. He considered continuing school social worker counselling would be appropriate and adequate. 124.The prospect of school social worker counselling would depend on various factors. According to Hui, and as recorded by the medical experts, that had apparently worked well during his secondary level. However, that has ceased upon his graduation. The prospect and effectiveness of such service, if available, when he is now in his tertiary level of education has become uncertain in terms of evidence. On the basis that this court accepts as his reasonable need for clinical psychological assistance, Hui should be afforded with the opportunity to do so in the future. 125.The neurological experts and Dr Tsang opined that such monthly psychotherapy should last for 2 to 3 years, say 2.5 years, which would cost HK$2,500 for an hourly session. The amount will be HK$2,500 x 12 x 2.5 years = HK$75,000. This is allowed. Physiotherapy 126.The treating physiotherapist reported the progress of physiotherapy provided to Hui up to later 2019, as summarised under the section on injuries and treatment. Mrs Tsang and Dr Cheng, the occupational therapy experts, recommended further physiotherapy but differed in terms of the recommended frequency and duration. Mrs Tsang recommended a total of 157 regular sessions whereas Dr Cheng, on the other hand, disagreed that Hui would require physiotherapy consultation on a regular basis. He added that occupational therapy could also assist by providing the relevant training for gait and balance. Dr Cheng’s recommendation has the support of the assessment from the neurological perspective by the relevant experts. He recommended a frequency of 1 session per week for 3 months, and thus a total of 12 sessions of physiotherapy. The experts agreed on the cost, which in the public sector would cost HK$135 for initial assessment and HK$80 for follow up session. 127.I tend to agree with Dr Cheng. Given the history of physiotherapy obtained in the public sector and its effectiveness as report by the treating therapist, this court sees no reason for disturbing the established pattern. The cost allowed will therefore be HK$135 + HK$80 x 12 = HK$1,095. Occupational therapy 128.The occupational therapy experts were ad idem on the need and frequency of occupational therapy for Hui to train and to improve his various functioning to cope with activities of daily life. They also agreed on the cost. Such cost in the public sector would likewise be HK$135 for initial assessment and HK$80 for each session. For similar reason explained above, I am prepared to allow the item on the basis of therapy in the public sector. Hence HK$135 + HK$80 x 129 sessions = HK$10,455. Speech therapy 129.The treatment and progress reported by the treating speech therapist up to the end of 2019 were summarised under the section on injuries and treatment. Hui has regained normal language functioning and his swallowing function has improved. He remained mildly dysarthric, characterised by mild imprecise articulation and monotonous speech production. Oro-motor and speech training became the focus. 130.For speech and communication training, the occupational therapy experts recommended further speech therapy but differed in terms of duration. Based on Mrs Tsang’s recommendation, this item is being claimed on the basis of lifelong need, which Dr Cheng disagreed (and he advised that the exact number of sessions should be recommended by a speech therapist). In view of the development of Hui in this respect by and since the end of 2019, and what this court managed to observe from a non-expert perspective during the hearing which was 6 years later, I share the reservation expressed by Dr Cheng. 131.I take into account the reasonableness of such further therapy in assisting to equip Hui with the necessary proficiency and confidence to enter the job market in a couple of years. Therefore, I am prepared to make an award on the basis of a 12-month duration of therapy, of which it would be 1 weekly session for 6 months (ie 24 sessions) and 2 sessions per month for the following 6 months (ie 12 sessions) (as recommended by Mrs Tsang). 132.For similar reason as explained under further physiotherapy and occupational therapy above, the award will be made on the basis of therapy in the public sector, ie HK$135 (initial assessment) + HK$80 x 36 sessions = HK$3,015. Family psychological therapy/counselling 133.Psychological treatment for Hui was discussed above and award for that made. The occupational therapists also recommended provision of psychological support to Hui’s family for alleviating stress. Mrs Tsang recommended 40 sessions for the family members, including joint sessions with Hui, whereas Dr Cheng recommended 20 such sessions. Taking the median, it will be 30 hourly sessions. The cost in the private sector at the hourly rate of HK$2,250 (also the median cost recommended) would become HK$2,250 x 30 sessions = HK$67,500. Other specific psychological services 134.Other specific psychological services, such as education psychologist, vocational psychologist and life coach, as well as medical consultations for various specialties, for different life stages suggested by Mrs Tsang, as opined by Dr Cheng, are largely projected as possible needs in the absence of recommendation from the experts of the specific disciplines. I refrain from allowing them. Facial reanimation surgery 135.This item in the total cost of HK$250,000 is claimed on the basis of the recommendation by Dr Chow Chun Kuen, ENT specialist, by way of his quotation dated 7 July 2022 for a facial reanimation surgery. The surgery is said to aim at restoring or replacing the lost facial movement to correct the traumatic right facial nerve palsy with facial asymmetry on smiling. However, such claim is not evidenced in documentary form before this court. 136.As mentioned, Dr Au, who was the single joint ENT expert, explained in his report dated 14 September 2021 that nerve grafting surgery was an invasive process with unpredictable outcome, and the lapse of time by now would tend to work against the prospect of efficacy of the procedure. In any event, the parents were then reluctant about such surgical intervention. The expert did not recommend this facial reanimation surgery as now said to be recommended by this Dr Chow. Nor was comment solicited from Dr Au about such alleged recent recommendation. If one further takes into account the experience of recent surgical intervention to the eyelid of Hui in 2023, which also did not yield noticeable result, one doubts the probability of incentive of Hui and his parents to attempt such further facial surgery. At the hearing, the Mother somehow described her intention to “preserve” the opportunity to do so. 137.All the circumstances considered, I am not satisfied that the reasonably necessity of this item is proved. FUE hair transplant 138.Hui is claiming for HK$189,000 in total for the entire course of FUE hair transplant treatment in accordance with the quotation issued by Wellness Medical dated 8 July 2022. There is lack of expert support for this item of claim. On the contrary, as Dr Mok and Dr Nicholson, the plastic surgery experts, observed in their report, the scar on the occipital scalp is mostly covered by hair when properly groomed. This is verifiable by reference to the photographs and Hui’s own presence in court during the hearing. Inclusive of the scar on other parts, the scars accounted for 1% of impairment of the whole person. All the circumstances considered, I am not satisfied that this item of claim is reasonable. Other medical consultation 139.Mrs Tsang recommended an annual sum of HK$20,000 for medical consultations for the rest of Hui’s life from various specialists including eye specialists, audiologists, plastic surgeons, neurologists, etc. Hence the total of HK$657,400 claimed. All these lack support and actual recommendations by the experts of the relevant disciplines. I therefore share the reservation of Dr Cheng, and do not allow this. Total future medical expenses 140.The total future medical expenses will therefore be HK$(229,337 + 75,000 + 1,095 + 10,455 + 3,015 + 67,500) = HK$386,402. Future training and tuition 141.A total of HK$1,388,460 is claimed for future training and tuition. According to Part B of the schedule to the re-revised statement of damages, this consists of gym membership and personal training as well as private tuition and special provision for extra-curricular activities for secondary and tertiary education. Gym and personal training 142.Hui is claiming for a gym membership for lifetime and personal trainer session twice a week for 1-hour session for 5 years. Dr Cheng suggested that this item is optional if training programme is provided by physiotherapist or occupational therapists is in place. 143.I tend to agree with Dr Cheng. As discussed, this court is given to understand that Hui’s enrolment with personal training at the gym for 6 months happened after he has ceased occupational therapy at one point. However, when his present claim for resumption of physiotherapy and, more importantly, occupational therapy in the future, as discussed above, is allowed to a reasonable extent, the award of damages to cover the additional cost of further personal physical training at the gym simultaneously with the professional therapy could not be justified. Private tuition 144.A total of HK$360,000 is claimed for private tuition, for both secondary and tertiary educations, and extra-curricular activities. However, one must not lose sight of the fact that Hui is indeed already in his second year of tertiary education. In the absence of evidence of the kind and availability of private tuition available at his stage of education, this item of claim should not be allowed on an apparently academic basis. Future domestic helper 145.A total sum of HK$6,300,440 is claimed for the expenses on employing domestic helper for the rest of his life. The breakdown and computation were set out in Part C of the re-revised statement of damages. 146.The occupational therapists observed that Hui is basically independent in everyday activities, though he would require assistance for some household activities. In extraordinary situations, he might need support for instrumental activities of daily life. Mrs Tsang opined that such support should take the form of lifelong hired domestic help whereas Dr Cheng opined that training in instrumental activities of daily living would be more appropriate than lifelong reliance on hired domestic help. As to Dr Cheng’s recommendation, Mrs Tsang did not strictly differ, but only expressed reservation about the uncertain success in such training when Hui grows to adulthood. 147.I am prepared to share the reservation expressed by Mrs Tsang insofar as the early stage of Hui’s life is concerned. Except for that, I am inclined to the view of Dr Cheng who essentially pointed out the potential undesirability of indulging Hui into reliance on domestic help instead of striving for independence when he does possess the physical potential of achieving some success. 148.Fundamentally, the claim is apparently premised on the assumption that hired domestic help would not have come about in the rest of Hui’s life but for his injury and disabilities. On the contrary, I tend to believe in the probability that but for the accident, Hui would have moved out to live on his own, which might in any event entail hired domestic help when he would have become financially independent. On this basis, I assume that this could have happened on the 5th anniversary of his commencing work life but for the accident. Hence 7 years from now. I am therefore prepared to allow the claim for the cost of hired domestic help while he would continue to reside with his parents and sister until then, which would also entail the need for such hired help to assist not just him but also his family in his circumstances. 149.Inclusive of the incidental expenses, the annual amount to be spent on hired domestic help (exclusive of relief helper, which is not allowed) would be about HK$66,000. The amount allowed would thus be HK$66,000 x 7 years = HK$462,000. Future aids, equipment & consumables 150.A total sum of HK$342,833.80 is claimed for future aids, equipment and consumables as set out in Part D of the schedule to the re-revised statement of damages. 151.For future expenses for aids and equipment, it includes expenses of shower chair, grab rails, hearing aid, cognitive equipment, treadmill with maintenance and exerciser for upper and lower limbs. The occupational therapy experts had different views regarding the necessity for the first of these items. I tend to agree with Dr Cheng that in view of the reasonable ability of Hui in independent self-care such as bathing and toileting, these items are not necessary. Cost of hearing aid as what ENT treatment entails is allowed above. 152.Save as aforesaid, the experts agreed on the reasonable necessity of the other items, which I would allow. Hence HK$(2,000 + 2,080 + 350) x 32.87 = say HK$145,614. 153.Expenses for consumables claimed consist of eye drop, eye gel, gauze, disposable, antiseptic sterile packs, dressing sets, applicator sticks, cotton wool balls sterile, sterile gauze, micropore, wound dressings and IP camera. Except for eye drop, eye gel and gauze, the other items were disagreed by Dr Cheng. I share his reservation, as these items were projected as additional need if and when wound or abrasion occurs. However, the medical and medical expert evidence do not suggest the likelihood of exceptional frequency of wound and abrasion to be suffered by Hui in his remaining life. As such, these items of wound dressing consumables would have been incurred as commonplace family items, and therefore could not be said to be necessitated by the disabilities of Hui. 154.The cost of the eye drop, eye gel and gauze are allowed at the sum of HK$(3,000 + 550) x 32.87 = say HK$116,689. 155.The total sum allowed under this head is HK$(145,614 + 116,689) = HK$262,303. Future accommodation expenses 156.A total of HK$9,996,588.75 is claimed for future accommodation expenses, consisting monthly rental and incidental estate agency expenses for the rest of Hui’s life. The breakdown and computation were set out in Part E of the re-revised statement of damages. 157.Essentially the claim is based on the recommendation of the occupational therapy experts for bigger living space accommodating the privacy and domestic help needs of Hui. The above discussion in respect of the claim for the future cost of domestic help refers. The same may be said about the claim for the future cost of accommodation. I see insufficient basis for projecting that Hui would have remained staying in his current residence with the parents and sister during his remaining life but for the accident. Put another way, it is only realistic to project the likelihood that Hui would have afforded moving out, and that he would do so, when he became financially independent at one stage after having entered the job market but for the accident. It cannot be said that the cost of alternative accommodation would not have come about at all but for the accident and his disabilities. 158.In the circumstances, I am prepared to give weight to the recommendation for the need for alternative accommodation immediately and for the future until what would have been the time when Hui would have likely moved out but for the accident. Assuming that this, but for the accident, would have been on his 5th anniversary of commencement of work life, which would be 7 years from now, a sum representing the rental for that period could be allowed to compensate for the bringing forward of the incurring of such expenses. 159.Though actual evidence of the monthly rental rate of HK$25,000 claimed was not provided, I am prepared to accept the rate as reasonable for the present purpose. The cost of rented accommodation for 7 years would be HK$25,000 x 12 x 7 = HK$2,100,000. Factoring in the incidental expenses, a total lump sum of HK$2,150,000 is allowed. Future travelling expenses 160.An amount of HK$854,620 is claimed for future travelling expenses as set out in Part F of the schedule to the re-revised statement of damages. 161.Based on Mrs Tsang’s recommendation for an additional transportation allowance of HK$500 per week for Hui, a total sum of HK$854,620 is claimed, effectively representing the amount for life. This was not shared by Dr Cheng. 162.One must not lose sight of the clear medical and medical expert evidence regarding the degree of independence and ability to ambulate as well as the management of public transportation of Hui. Reasonable transportation expenses should be allowed for his attending medical consultations or treatment sessions on such basis. All the circumstances considered, a lump sum of HK$15,000 is allowed under this head. Future DIY expenses 163.A total of HK$32,870 is claimed as set out in Part G of the schedule to the re-revised statement of damages. 164.This is claimed purportedly on the force of the occupational therapy expert opinion. However, what the relevant expert report tells is mere recommendation of this item by the expert engaged on behalf of Hui whereas that engaged on behalf of the School did not endorse. Importantly, the basis for this item of claim was somehow explained by those acting for Hui in the pleading which could only be their own interpretation of what might have explained this item recommended. The expert was silent in the report to that extent. 165.Even on the basis as explained in the pleading, the alleged premise is that Hui would have carried out DIY work in his life which has become impossible due to his disabilities. Yet there is insufficient, if any, evidence in support of any pattern or likelihood of such projection with reference to Hui’s pre-accident life as a child. 166.All the circumstances considered, I find this item of claim at the alleged yearly rate of HK$1,000 too speculative and not properly substantiated. SUMMARY 167.In summary, the award will be as follows:
INTEREST 168.Interest on general damages (PSLA award) shall run from the date of writ to today at 2% per annum. Interest on incurred special damages shall run from the date of the accident until today at half judgment rate. Interest from the date hereof runs at the judgment rate. CONCLUSION AND ORDER 169.Damages are assessed at the sum of HK$8,153,296 with interest as aforesaid. Hence judgment in such assessed amount against Au. 170.Costs of the action on liability against Au are covered by the interlocutory judgment entered on 15 September 2020. I make a nisi order that Au shall further pay Hui’s costs of the assessment of damages proceedings against him, to be taxed if not agreed. The own costs of the Mother and then Hui as the plaintiff during the legal aid period shall be taxed in accordance with legal aid regulations. In the absence of any application to vary in 14 days, the nisi costs order shall become absolute without further order. 171.Enforcement of the judgment by Hui against Au shall be subject to any credit which may have to be given due to the settlement between Hui and the School. Enforcement of the School’s judgment against Au for contribution/indemnity shall also be subject to the terms of its settlement with Hui. In view of that, insofar as any further order on the basis of the above assessment is necessary, Hui and the School have liberty within 21 days to apply. 172.Whilst Hui acts in person and the hearing was conducted in Punti, the documents in the assessment of damages bundle and his own opening submission lodged were in English. Hence this judgment in English.
The Plaintiff appeared in person The 1st Defendant acting in person, absent The 2nd Defendant, represented by Deacons, absent [1] For the avoidance of doubt, this court has refrained from viewing the court document pertaining to the terms of settlement between Hui and the School, which was somehow included in the assessment hearing bundle. The same has been directed to be removed. |
Cases cited in this judgment
Further hearings and rulings under HCPI 218/2022