Lau Chu Wing v. Law Wai Shing and Others

Read the full judgment text of DCPI 1389/2007 on BabelCite. This District Court judgment was delivered on 5 May 2008.

116.   For the reasons set out above, I hold that Mr Law shall be liable to Mr Lau damages in the total sum of $38,965.00 $49,885.00 .  There would be interest on damages for PSLA at 2% p.a. from the date of writ, and interest on pre-trial loss of income and special damages at half judgment rate from the date of accident, to today.  Interest thereafter is to accrue at judgment rate until full payment.”

Cites 1 case

Case No.DCPI 1389/2007
Court
District Court
Date05 May 2008
Judge
Case Document
100%Judiciary

DCPI 1389 / 2007

 IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

PERSONAL INJURIES ACTION NO. 1389 OF 2007

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BETWEEN

  LAU CHU WING Plaintiff
  and  
  LAW WAI SHING 1st Defendant
  UNDERWRITER SECURITY LIMITED 2nd Defendant
  ATL LOGISTICS CENTRE HONG KONG LIMITED 3rd Defendant
  LAW WAI SHING 1st Third Party
  UNDERWRITER SECURITY LIMITED 2nd Third Party

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Coram: His Honour Judge Thomas Au in Court (open to public)

Date of Hearing: 7,8,9, & 10 April 2008

Date of Handing Down Judgment: 5 May 2008

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2nd CORRIGENDUM

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(1) Paragraph 4 of the judgment should read as follows:

“4.     The defendants all deny liability and dispute the quantum claimed.  They also say the accident was caused by Mr Lau’s own negligence.   Further, ATL has issued Third Party claims against Mr Law and Underwriter respectively for contribution or indemnity.  At trial, by consent, ATL Underwriter and Mr Law served on each other contribution notice

(2) Paragraphs 115 & 116 of the judgment should read as follows:

“115. Taking into account of the EC payment ($21,840.00) Mr Lau has already received, and 50% contributory negligence, Mr Lau is thus entitled to damages in the sum of $49,885.00 [($121,610.00 - $21,840,00) x 0.5] $38,965.00 ($121,610.00 x 0.5 – 21,840.00.

116.   For the reasons set out above, I hold that Mr Law shall be liable to Mr Lau damages in the total sum of $38,965.00 $49,885.00.  There would be interest on damages for PSLA at 2% p.a. from the date of writ, and interest on pre-trial loss of income and special damages at half judgment rate from the date of accident, to today.  Interest thereafter is to accrue at judgment rate until full payment.”

(3) In the printed copies of the written judgment handed down to the parties, the following lines are missing after paragraph 113.  The written judgment should be read together with these:

Total Damages

114.       The total quantum of damages proved is thus as follows:

PSLA                                      $120,000.00

  (C.F. TAM)
Clerk to H.H. Judge Thomas Au