Li Moon Chai v. Leung Shu Man and Another

HCPI 48/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES ACTION NO. 48 OF 2007

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Before: Deputy High Court Judge L. Chan in Court

Dates of Hearing: 30 June, 2 and 3 July 2008

Dates of Filing Written Closing Submission: 21 July, 11 and 25 August 2008

Date of Judgment: 5 September 2008

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J U D G M E N T

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1.I adjudge that each of the two defendants is liable to the plaintiff for this claim.

2.I further adjudge that there is no contributory negligence on the part of the plaintiff.

3.On apportionment, I further order that the two defendants are equally liable for the accident and the plaintiff’s injury.

4.On quantum, I order as follows:

(1)	PSLA:	$150,000.
(2)	Pre-trial loss of earnings:	$219,705.
(3)	Post-trial loss of earnings:	Nil.
(4)	Loss of further earning capacity:	$175,764.
(5)	Medical expenses:	$1,460.
(6)	Travelling expenses:	$540.
(7)	Tonic food:	$5,000.
(8)	Less ECC	- $268,140.
		$284,329.

5.I also order that interest on general damages should accrue from the date of the writ on 16th January 2007 at the rate of 2% per annum and interest on special damages should accrue from the date of the accident on 29th December 2004 at half of the judgment rate.

6.On costs, I make a costs order nisi that the defendants do pay the plaintiff his costs of this action to be taxed according to the District Court Scale.  The order on apportionment also applies to this costs order nisi.  The plaintiff’s own costs be taxed according to the Legal Aid Regulations.

7.The reasons for judgment will be furnished to the parties after engrossment.

Mr Raymond Lau and Mr Vincent Lam, instructed by Messrs Ricky Li & Co., for the Plaintiff

Mr Ashok Sakhrani, instructed by Messrs Winnie Leung & Co., for the 1st Defendant

Mr David Chan, instructed by Messrs Eddie Lee & Co., for the 2nd Defendant