Read the full judgment text of CACV 000139/2000 on BabelCite. This Court of Appeal judgment was delivered on 23 May 2001 before Rogers V-P, Keith JA, Le Pichon JA.
Personal injury – assessment of damages – appeal from Master – general damages for pain, suffering and loss of amenities – loss of future earning capacity – casual worker – plaintiff aged 38, painter, who fell from a ledge at work sustaining a broken right shin bone, fractures of the right ankle and a fractured left heel requiring plate insertion and bone grafting – 8% total impairment, residual pain, 30% reduction in working speed, increased future risk of degenerative arthritis – return to work in January 1997 as a casual painter – master awarded $275,000 for PSLA and no award for loss of future earning capacity – whether the PSLA award was so low as to warrant appellate interference – whether the plaintiff was entitled to an award for loss of future earning capacity – injury categorisation below the 'serious injury' bracket established in Lee Ting Lam v Leung Kam Ming and reviewed in Chan Pui Ki v Leung On and Chan Chi Shing v Tsang Fook Metal Engineering – application of the 76% ratio drawn from the comparable 2nd plaintiff in Chan Cheuk Ki v Poon Yu Cheung to the inflation-adjusted bottom of the serious-injury bracket of $460,000 – two-stage test for loss of future earning capacity from Moeliker v A Reyrolle & Co Ltd as approved in Chan Wai Tong v Li Ping Sum – modification of the first stage for casual workers – estimate of 15 days' unemployment per year over a 10-year multiplier at $750 per day – appeal allowed – general damages for PSLA increased to $350,000 with interest at 2% per annum from the date of service of the writ – additional $112,500 awarded for loss of future earning capacity with interest at the judgment rate from 23 May 2001 – loss of future earning capacity calculated as $750 × 15 × 10 = $112,500 – observations by Rogers V-P on non-compliance with Registrar's directions regarding preparation and service of appeal bundles and skeleton arguments, particularly concerning litigants in person.
Legal issues: Adequacy of general damages for pain, suffering and loss of amenities · Whether plaintiff is entitled to damages for loss of future earning capacity
Outcome: Appeal allowed; master's assessment varied to increase general damages and to add an award for loss of future earning capacity.
Cited by 4 cases