Read the full judgment text of CACV 000011/1980 on BabelCite. This Court of Appeal judgment was delivered on 30 May 1980 before Cons, J.A., Yang JA, Bewley JA.
Damages – personal injury – catastrophic disablement of a child – assessment of general damages for pain, suffering and loss of amenities – four-category sliding scale of disablement (Serious Injury, Substantial Injury, Gross Disability, Disaster) – appropriate standards are those of Hong Kong courts, not England and Wales – whether the trial judge's awards of $150,000 (pain, suffering and loss of amenities) and $156,000 (diminution of future earning capacity at $12,000 per annum × 12) were excessive. Court of Appeal: Diplock LJ's approach in Every v. Miles applied; the appropriate standards are Hong Kong awards updated for inflation. The plaintiff fell within the Substantial Injury category ($80,000–$100,000) but aggravating factors – his youth (just over twelve) and appalling scarring likely to cause grave sexual and marital problems – justified an award above the top of that category, assessed at $120,000. The future loss award was based on thin evidence but the trial judge's discretion was not wholly erroneous and would not be disturbed. Outcome: appeal allowed in part; pain, suffering and loss of amenities reduced to $120,000; diminution of future earning capacity award of $156,000 affirmed.
Legal issues: Measure of general damages for pain, suffering and loss of amenities · Measure of damages for diminution of future earning capacity
Outcome: Appeal allowed in part; damages for pain, suffering and loss of amenities reduced from $150,000 to $120,000; the award of $156,000 for diminution of future earning capacity was undisturbed.
Cited by 4 cases