JACK JERVIS CLODE v. KANE DOUGLAS TERRAS

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES

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JUDGMENT ON
ASSESSMENT OF DAMAGES

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1. Sometime between 12:30 and 1:00 am on 25.7.98. in the vicinity of the junction of D'Aguilar Street and Wellington Street in Lan Kwai Fong, the defendant assaulted and injured the plaintiff with a beer glass. There were 2 lacerations to the left side of the plaintiff's forehead. One of the lacerations cut across the plaintiff's left eyebrow. The plaintiff was taken to Queen Mary Hospital and received medical treatment. He was detained overnight. The lacerations were deep and required suturing of 9 stitches.

2. The injuries caused the plaintiff to take 3 days off work. he returned to work on 30.7.98. but for about 2 weeks after the assault, the plaintiff experienced pain.

3. In Western Magistracy on 11.9.98. the defendant was convicted on his own plea of wounding the plaintiff with intent, contrary to s19 of the Offences Against the Person Ordinance, Cap 212. He was sentenced to 2 weeks' imprisonment.

4. Interest will run on the general damages at 2% from the date of the writ to judgment. The special damages will carry interest at half judgment rate from the date of the incident until judgment. Interest after judgment will be at judgment rate until payment.

5. The costs of this action will be to the plaintiff against the defendant. Such costs will be taxed if not agreed.