TSEUNG TSAN FAI v. TANG SHUI CHING t/a LEUN HOP

HCPI 172/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES ACTION NO. 172 OF 2006

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DECISION

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1.  At the conclusion of the trial on 21 November 2007, I made an award for damages for personal injury in favour of the plaintiff in the amount of HK$2,037,313 together with interest and costs.

2.  Previously in DCEC 92 of 2005, the plaintiff had been awarded employees’ compensation (“ECC award”) in the sum of $355,924 together with interest.

3.  At the trial, plaintiff’s counsel indicated that the ECC award together with interest came up to HK$418,099. On this basis, I deducted HK$418,099 from the award in this action and entered judgment for the plaintiff for the sum of HK$1,619,214 together with interest and costs. 

4.  The judgment has not yet been sealed.

5.  Subsequently, this court has been informed that the figure of $418,099 may or may not be accurate because the issue of when interest on the ECC award starts to accrue, hence the calculation of the interest, has yet to be settled. Clearly this uncertainty has a bearing on the amount of the judgment herein. Further, it now appears that the plaintiff has not yet been able to recover the ECC award. The defendant had not paid and the plaintiff is in the process of seeking payment under the Employees’ Compensation Assistance Scheme. 

6.  By letter dated 29 November 2007 and summons issued on 10 December 2007, the plaintiff draws the above matter to the court’s attention and applies for further directions.

7.  Having considered the matter, I am satisfied that it is appropriate for the court to exercise its inherent power to make a supplemental order to accurately set out the intention of the court in giving judgment for the plaintiff.  Accordingly, I make an order that paragraph 35 of the Judgment handed down on 21 November 2007 be replaced and substituted by:

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For the above reasons, I enter judgment for the plaintiff for the amount of HK$2,037,313 together with interest at judgment rate, but with credit to be given for the sum of $355,924 plus interest awarded in DCEC 92 of 2005, and the costs of this action, to be taxed if not agreed. The plaintiff’s own costs are to be taxed under the Legal Aid Regulations.”

7.  There is no order of costs in respect of the summons issued on 10 December 2007.