Kami Lohar Bahadur v. Ng Yuk Tong t/a Yuk Tong Air Conditioning Engineering

HCPI 466/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES ACTION NO. 466 OF 2009

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BETWEEN

Coram : Before Master A. Chow in Court

Date of Hearing : 25 November 2010

Date of Handing Down Judgment : 6 December 2010

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CORRIGENDA

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Paragraph 15, 16 and 26 are amended as follows:

15    The Mandatory Provident Fund Scheme came into effect on 1^st December 2000 and all pre-trial loss of earnings must take MPF contributions by the Defendant into account.

16    Accordingly, I assess the Plaintiff’s pre-assessment loss of earnings as follows:

(1) Sick leave period from 9 January 2008 to 2 September 2009 (totaling 19.75 months).

$17,810 x 19.75 x 1.05 = $369,335

(2) Remaining pre-assessment period from 3 September 2009 to 25 November 2010 (totaling 14.82 months).

$17,810 x 14.82 x 1.05 = $277,141

Total pre-assessment loss of earning is therefore:

$369,335 + $277,141 = $646,476.

26    I will allow interest at 2% p.a. from the date of issue of the Writ to the date of assessment on general damages; and special damages at half interest rate from the date of the accident to the date of assessment.

Summary

	$
Pain, suffering and loss of amenity	400,000.00
Pre-assessment loss of earnings	646,476.00
Future loss of earnings	1,596,672.00
Loss of earning capacity	80,000.00
Special damages	13,209.00
Deduct employee compensation	(211,413.40)
Total	2,524,943.60

Dated this 6th day of May 2011.