廖芷彤 對 崔思遠

廖芷彤 對 崔思遠

Defendant is civilly liable for the assault; the defendant's criminal conviction under ESCC 749/2019 is admissible under s62 and establishes the defendant committed the assault; medical expert evidence supporting exaggeration of long‑term symptoms was preferred over experts who relied on treating psychiatrists...

Source-derived case information.

Citation
[2026] HKDC 113
Parties
Plaintiff: 廖芷彤 LIU TSZ TUNG TRACY; Defendant: 崔思遠 CHUI SZE YUEN
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 February 2026
Case Number
DCPI2789/2021
Procedural Posture
Personal Injury (assault) / Trial
Outcome
Judgment for plaintiff on liability; assessed damages HKD 204,140 but no payment required from defendant because prior workers' compensation (HKD 694,182.14) exceeds assessed damages; no order as to costs.
Legal Topics
Assault, Contributory Negligence, Expert Evidence, Quantification of Damages, Set Off by Workers' Compensation, S62 Evidence Ordinance
Source Language
ch
Tort Personal Injury Evidence Law Civil Procedure Assault Contributory Negligence Expert Evidence Quantification of Damages +2 more

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Parties

廖芷彤 LIU TSZ TUNG TRACY

Plaintiff

崔思遠 CHUI SZE YUEN

Defendant

Procedural Posture

Personal Injury (assault) / Trial

  1. 1 Whether defendant is civilly liable for assault
  2. 2 Whether defendant's criminal conviction admissible under s62 Evidence Ordinance and its effect
  3. 3 Whether contributory negligence applies to mutual assaults in this case

Ratio Decidendi

Defendant is civilly liable for the assault; the defendant's criminal conviction under ESCC 749/2019 is admissible under s62 and establishes the defendant committed the assault; medical expert evidence supporting exaggeration of long‑term symptoms was preferred over experts who relied on treating psychiatrists without explaining objective bases; plaintiff's asserted long‑term post‑concussional syndrome and loss of earning capacity were not proven on the balance of probabilities; damages assessed at HKD 204,140 but wholly offset by prior workers' compensation payments of HKD 694,182.14 so no payment by defendant was ordered.

Court Disposition

Judgment for plaintiff on liability; assessed damages HKD 204,140 but no payment required from defendant because prior workers' compensation (HKD 694,182.14) exceeds assessed damages; no order as to costs.

Orders

  • Judgment recorded in favour of the plaintiff for damages assessed at HKD 204,140.
  • No payment required from the defendant because amount recovered by plaintiff under employees' compensation (HKD 694,182.14) exceeds the assessed damages; effect is nil payable by defendant.