Chan Sau Lan v. Chesterton Petty Ltd

HCPI 1123/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES NO. 1123 OF 2002

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Before: Deputy High Court Judge Saunders in Court

Date of Hearing: 27 February 2004

Date of Ruling: 27 February 2004

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R U L I N G

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1.This is a personal injury action in which the Plaintiff alleges that she suffered a head injury and her case now is that she suffers from a condition called post-concussional syndrome and that is responsible for the very extensive disability she now claims. 

2.It is unfortunate that the Master was not made aware of the fact that the real issue between the parties is a psychiatric issue and not an orthopaedic or neurological issue.  Had the Defendant’s advisers appreciated that they would have sent the Plaintiff for psychiatric examination.  Had the Plaintiff’s advisers is appreciated that was the real issue, they would have sought to call Dr Leung the psychiatrist, and perhaps Dr Fung Ching Fai, a neurosurgeon, who appears to be the first doctor to have suggested that the problem is post-concussional syndrome.

3.The second problem the trial presents is at the present time, post-concussional syndrome is not a recognised medical disorder, the terms of DSMIV although it is a mental disorder which is being given consideration for enclosure. 

4.I am not probably able to resolve the issue as to whether or not the Plaintiff suffers from post-concussional syndrome and whether or not that is a sufficiently recognised mental disorder that it ought to be a basis for compensation, unless I have proper medical evidence and hear from the psychiatrists concerned.

5.For that reason, I propose to adjourn the trial to a date to be fixed I direct that the Plaintiff may call Dr Leung and if they wish Dr Fung Ching Fai for examination and cross-examination.  If either doctor sees the Plaintiff again and prepares a report, that report is to be given to the Defendant.  The Defendant may, if it wishes, call Dr Edmond Woo, a neurologist who has seen the Plaintiff.  The Defendant may, if it wishes, require the Plaintiff to be assessed by a psychiatrist.  If either Dr Woo or the psychiatrist prepares any further report, those medical reports are to be given to the Plaintiff.  If there are any further medical reports, they must be exchanged not later than 14 days prior to the next hearing date.  I direct there shall be another 2 days set down for hearing and I supply to counsel now a copy of the relevant passages from the DSMIV.  The matter was adjourned on that basis. 

Mr Louie K K Mui, instructed by Messrs Lam, Lee and Lai, for the Plaintiff

Mr Peter T K Wong, instructed by Messrs Dibb Lupton Alsop, for the Defendant