Read the full judgment text of DCPI 1092/2010 on BabelCite. This District Court judgment was delivered on 3 October 2012 before S. Chow.
Personal injuries – leave to appeal – assessment of damages – three heads of damages challenged: tonic food, acupuncture fees, loss of earning capacity – plaintiff injured in accident, underwent two surgeries, metal plate removed from leg, suffered cramps and limited mobility – whether full receipted amount for tonic food recoverable – yes, as plaintiff was advised by registered Chinese medical practitioner Mr Cheng Po Hang and testified to benefits such as regaining strength in leg – applied test from Yu Ki v Chin Kit Lin as approved in Kings Light Industrial Limited v Lo Wai Keung – whether full acupuncture fees recoverable – yes, as plaintiff reasonably turned to acupuncture when conventional physiotherapy was ineffective and treatment was effective in reducing cramps and improving leg flexibility – distinguished Chan Sze Ki v Department of Justice as not laying down a general rule – whether plaintiff established real and substantial risk of loss of employment under Moeliker v Reyrolle – yes, as employer Keysun's annual profit dropped from $100,000 to $50,000-$60,000 in 2010-2011, staff dismissed without replacement, and no fresh capital injection – long tenure of 20 years did not negate real risk – plaintiff 45 years old with about 20 years of working life ahead – award of $100,000 for loss of earning capacity not excessive – application for leave to appeal dismissed – costs order nisi that defendant pay costs of application to be taxed with certificate for counsel
Legal issues: Whether full receipted amount for tonic food is recoverable · Whether full amount of acupuncture fees is recoverable · Whether plaintiff established real and substantial risk of loss of employment for loss of earning capacity
Outcome: Application for leave to appeal dismissed
Cited by 2 cases · Cites 1 case