Jack Jervis Clode v. Kane Douglas Terras

Read the full judgment text of HCPI 991/1998 on BabelCite. This High Court CFI judgment was delivered on 20 July 1999.

1. Sometime between 12:30 and 1:00 am on 25.7.98. in the vicinity of the junction of D'Aguilar Street and Wellington Street in Lan Kwai Fong, the defendant assaulted and injured the plaintiff with a beer glass. There were 2 lacerations to the left side of the plaintiff's forehead. One of the lacerations cut across the plaintiff's left eyebrow. The plaintiff was taken to Queen Mary Hospital and received medical treatment. He was detained overnight. The lacerations were deep and required suturing

Case No.HCPI 991/1998
Court
High Court CFI
Date20 Jul 1999
Judge
Case Document
100%Judiciary

HCPI000991/1998

1998 PI No.991

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES

___________________

BETWEEN
JACK JERVIS CLODE Plaintiff

AND

KANE DOUGLAS TERRAS Defendant

___________________

Coram: Master Kwan in court 

Date of Hearing: 20 July 1999

Date of Delivery of Judgment: 20 July 1999

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JUDGMENT ON
ASSESSMENT OF DAMAGES

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1. Sometime between 12:30 and 1:00 am on 25.7.98. in the vicinity of the junction of D'Aguilar Street and Wellington Street in Lan Kwai Fong, the defendant assaulted and injured the plaintiff with a beer glass. There were 2 lacerations to the left side of the plaintiff's forehead. One of the lacerations cut across the plaintiff's left eyebrow. The plaintiff was taken to Queen Mary Hospital and received medical treatment. He was detained overnight. The lacerations were deep and required suturing of 9 stitches.

2. The injuries caused the plaintiff to take 3 days off work. he returned to work on 30.7.98. but for about 2 weeks after the assault, the plaintiff experienced pain.

3. In Western Magistracy on 11.9.98. the defendant was convicted on his own plea of wounding the plaintiff with intent, contrary to s19 of the Offences Against the Person Ordinance, Cap 212. He was sentenced to 2 weeks' imprisonment.

1. Cost of medical report $ 1110
2. Fees paid to QMH $ 68
3. Photocopying charges Western Magistracy $ 259
4. Damaged clothing shoes $ 600
Shirt $ 400
Trousers $ 400
T-shirt $ 100
Wallet $ 350
$ 300
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5. Taxi Fares $ 3587
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Conclusion
General damages $ 140,000+$20,000 = $160,000
Special damages $3587
Total $163,587

4. Interest will run on the general damages at 2% from the date of the writ to judgment. The special damages will carry interest at half judgment rate from the date of the incident until judgment. Interest after judgment will be at judgment rate until payment.

5. The costs of this action will be to the plaintiff against the defendant. Such costs will be taxed if not agreed.

Master Kwan

Representation:

Mr Collins of Boase Cohen & Collins for the plaintiff

Defendant absent.