Read the full judgment text of HCA 001597/1989 on BabelCite. This High Court CFI judgment was delivered on 6 October 1989 before Master Cannon.
Personal injury – assessment of damages – motor vehicle accident – loss of sight in one eye – 17-year-old apprentice hairdresser rear seat passenger – whether to award future medical expenses for speculative corrective surgery – whether to make separate award for loss of earning capacity – appropriate multiplicand and multiplier for future loss of earnings – Hairdresser with monocular vision works more slowly and cannot become first-class – Interlocutory judgment by consent – Agreed general damages of HK$150,000 and special damages of HK$9,160 – Court accepted that plaintiff would require corrective surgery at least once for 70-80% likelihood of divergence, awarding HK$15,000 – Court applied 26% earnings differential to median HK$8,500 to derive multiplicand of HK$2,210 per month for post-training period over 14 years, yielding HK$371,280, plus HK$1,300 per month shortfall over 36 months training period yielding HK$46,800 – Total loss of future earnings HK$418,080 – Following Moeliker v. Reyrolle, no separate award for loss of earning capacity as no evidence plaintiff disadvantaged in labour market – Distinguished PANG Kwa-wah – Followed TSANG Kee-chuen on availability of both heads of damage – Total award HK$592,240 plus interest and costs.
Legal issues: Award for future medical expenses for corrective cosmetic surgery · Appropriate multiplicand for future loss of earnings after completion of training · Separate award for loss of earning capacity
Outcome: Assessment of damages in favour of the plaintiff for HK$592,240, comprising agreed sums plus the court's assessment of future medical expenses and future loss of earnings.