Lau Chu Wing v. Law Wai Shing and Others

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

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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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2^nd 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”