Download Personal Injury and Fatal Accident Brief - Kennedys

Personal Injury and Fatal Accident Brief
August 2011
In Chan Yin Na v Union Medical Centre Ltd (HCPI 804 of 2003), the Plaintiff sought costs of HK$11m
against the Defendants. At the original taxation hearing, leading and junior counsel’s brief fees
and other charges were substantially taxed down. For example, leading counsel’s brief fee was
reduced from HK$500,000 to HK$406,000 and junior counsel’s brief was slashed from HK$350,000
to HK$225,000. There were several other items which the taxing master did not allow or reduced
substantially.
The Plaintiff sought a review of taxing master’s decision, which was refused. The Plaintiff then
asked the court to review the decision of the taxing master.
The matter was heard before the PI Judge, Hon Bharwaney J, who agreed with the assessment
made by the taxing master, save for a few minor items. In his Judgment, Hon Bharwaney J not only
agreed with the taxing master’s decisions, he went further saying, the taxing master was
“exceedingly generous”. He did not agree with the Plaintiff’s submission that higher fees should
have been allowed because the case involved complex issues of medical negligence. In his view,
“this was not a medical negligence case involving extremely complicated science requiring many
hours of work by counsel to understand that science and to prepare for the cross-examination of
renowned experts on the subject of that complicated science”. He even went so far as to say that
if he was the taxing master, he might not have been as convinced as the learned master that this
was such a complex and weighty case as to warrant such high fees. However, the defendants did
not seek to review any items of costs allowed by the taxing master, so he was not in a position to
reduce any of the fees allowed by the taxing master.
The Judgment also looked at the issue of whether a review of taxation by a judge was a hearing de
novo (meaning hearing it afresh) or whether the judge would only interfere with the decision of
the taxing master if he has made an error of law, or taken into account irrelevant matters, or
failed to take into account relevant matters. While Hon Bharwaney J recognised that a judge may
have the power to re-open the taxation hearing and hear everything afresh, he declined to do so
under the circumstances of this case.
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We hope the Judge’s observations in this case sound a warning to counsel to keep their charges to
a reasonable level. In future, it may well be worthwhile proceeding to taxation of counsel’s fees if
they refuse to accept a reasonable offer.
We are always looking for feedback, and please feel free to email us your comments and/or
suggestions for this bulletin.
Kelly Wong
Partner
k.wong@kennedys.com.hk
Meiling Yip
Partner
m.yip@kennedys.com.hk
Kennedys
11/F Hong Kong Club Building
3A Chater Road, Central
Hong Kong
T: +852 2848 6300, F: +852 2848 6333
www.kennedys.com.hk
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PERSONAL INJURY AND FATAL ACCIDENT
CASE SUMMARY No. 117 (July 2011)
Plaintiff’s Name
Sex
Age at DOA/
Trial
Pre-accident
Occupation
Nature of Injury
Multiplier
Award for
PSLA/ Total
Award
Award for
Loss of Future
Earnings
Date of
Judgment
Judge/
Court
Gauchan Som
Prasad
DCPI 2398/2009
DoA: 29/01/2007
M -- / --
General
construction
labourer
Back sprain
sustained from
trying to remove a
metal frame stuck
in concrete
--
$220,000 /
$651,569.75
-- 27/01/2011
District
Judge Lok
Tse Sin Yee
DCPI 1618/2010
F -- / --
Shop assistant
and cashier
Injury to right
thigh and back
sustained from
shelving cakes from
plastic trays
--
$175,000 /
$359,462.40
-- 11/05/2011
District
Judge H C
Wong
Kwong Kin Yin
HCPI 285/2008
DoA: 30/03/2004
M 28 /35
Casual
construction
worker
Injuries sustained
to left wrist, right
knee and left distal
radius with
minimal
displacement
resulting from
falling off a ladder
13
$400,000 /
$1,49,557
$393,120 14/06/2011
High Court
Judge
McWalters
Ho Ka Yin
HCPI 134/2008
DoA: 03/02/2006
F -- / -- Student
Suffered neck
fracture - right
femur and a
fracture of the left
femoral
supracondylar
resulting from
falling out of a
wheelchair
--
$420,000 /
723,623.40
-- 16/06/2011
High Court
Judge
McWalters
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PERSONAL INJURY AND FATAL ACCIDENT
CASE SUMMARY No. 117 (July 2011)
Plaintiff’s Name
Lo Yim Fong
( 羅 艷 芳 )
DCPI 654//2010
DoA:
Sex
Age at DOA/
Trial
Pre-accident
Occupation
F 30 / 32 Clerk
Nature of Injury
Sprained neck and
back, and
abrasions at right
upper chest and
right lower leg
resulting from car
accident
Multiplier
--
Award for
PSLA/ Total
Award
$80,000 /
$101,880
Award for
Loss of Future
Earnings
Date of
Judgment
-- 16/06/2011
Judge/
Court
Deputy
District
Judge
Thomas
Lee
Thapa Surendra
HCPI 451/2009
DoA: 23/05/2005
M 34 / 40 Window cleaner
Back injury
resulting from
lifting heavy
container filled
with water
12
$250,000 /
$2,034,095
$1,512,000 24/06/2011
Deputy
High Court
Judge
Seagroatt
Wong Yun Chiu
HCPI 282/2009
DoA: 2007
M 46 / 50
Paper cutter
worker
Back sprain
resulting from
lifting a heavy
basket of scrap
paper
--
$100,000 /
$269,294
(CN: 50% )
-- 29/07/2011
High Court
Judge
Bharwaney
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