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Hong Kong Case Law

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Tort [2024] HKDC 1874

TSANG CHI ON v. YAU CHI LOK

The District Court assessed damages for a police constable injured in a 2019 assault, awarding HK$446,130 plus interest and costs after default liability judgment.

  • Pain and suffering
  • Aggravated damages
  • Exemplary damages
  • Loss of allowance (overtime)
  • Interest
  • Costs
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Personal injury [2024] HKDC 1297

CHIU CHUNG SAN v. PARK SUNG JIN

Assessment of damages for a serious assault injury, including head, eye and psychiatric harm, with total damages of $2,403,196 plus interest.

  • Assessment of damages
  • Pain and suffering (psla)
  • Loss of earnings
  • Future medical expenses
  • Interest
  • Costs
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Personal injury [2024] HKDC 1218

SO PO KAM v. CHEUNG HIU WANG trading as HO KONG ENGINEERING COMPANY AND ANOTHER

District Court personal injury damages assessment for a back sprain at work. The court awarded HK$367,200, after setting off employees’ compensation and adding interest.

  • Pain, suffering and loss of amenities
  • Loss of earnings
  • Apportionment for pre-existing condition
  • Sick leave credibility and duration
  • Interest and costs
  • Personal-injury
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Personal injury [2023] HKDC 1818

RANAMAGAR RAM BAHADUR v. HOUNG KEE (ASIA) LTD AND ANOTHER

The District Court assessed damages for a construction injury, accepted only mild residual ankle symptoms, and awarded a net HK$338,975 after Employees’ Compensation set-off.

  • Quantum of damages
  • Causation
  • Loss of earning capacity
  • Employees' compensation set-off
  • Interest and costs
  • Medical evidence assessment
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Employment law [2023] HKDC 974

C v. HAU KAR KIT

Assessment of damages for workplace sexual harassment under the Sex Discrimination Ordinance, with awards for injury to feelings, exemplary damages, interest, and costs.

  • Injury to feelings
  • Exemplary damages
  • Interest
  • Costs
  • Sexual-harassment
  • Injury-to-feelings
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Tort [2022] HKDC 1425

LEUNG KA WAI ĺ°Ť KAWIN INTERIOR CONTRACTING CO., LTD

Court found on the balance of probabilities that the plaintiff fell on the 4th floor due to raised and/or slippery protective boards; the defendant, as occupier, breached the duty to maintain the boards in a safe condition; plaintiff was 30% contributorily negligent; damages were assessed and reduced accordingly.

  • Negligence
  • Occupier's duty
  • Contributory negligence
  • Causation
  • Assessment of damages
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Occupiers' liability [2021] HKDC 1415

TSUE LAI KEE v. NANYANG COMMERCIAL BANK, LTD

District Court personal injury claim dismissed after the plaintiff failed to prove a wet floor caused his slip and fall inside the bank.

  • Slip and fall
  • Causation
  • Contributory negligence
  • Quantum of damages
  • Credibility assessment
  • Personal-injury
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Evidence DAIMLER AG (formerly known as MERCEDES-BENZ AG) v. HELGE HERBERT LEIDUCK appointed by Order to represent the estate of HERBERT HEINZ HORST LEIDUCK, deceased AND ANOTHER

DAIMLER AG (formerly known as MERCEDES-BENZ AG) v. HELGE HERBERT LEIDUCK appointed by Order to represent the estate of HERBERT HEINZ HORST LEIDUCK, deceased AND ANOTHER

Court of First Instance held that statements of truth were not 'giving evidence' under s 3(b), and that Mr Leiduck’s later written evidence was inadmissible for incompetence.

  • Competence of witness
  • Evidence ordinance (cap 8) s3(b)
  • Admissibility of affidavits and witness statements
  • Statutory test for unsound mind
  • Burden and standard of proof
  • Witness-competence
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Contract LEE KAM CHUEN v. ING. MIROSLAV KOZUCH

LEE KAM CHUEN v. ING. MIROSLAV KOZUCH

Court assessed damages for repudiated property sale contracts, adopting the completion date and awarding loss-of-bargain damages, interest, and costs.

  • Repudiation
  • Loss of bargain
  • Assessment date
  • Mitigation
  • Interest
  • Costs
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Landlord and tenant NG YIN NEI v. LEE CHICK CHOI

NG YIN NEI v. LEE CHICK CHOI

The Court of Appeal upheld findings that a flat was in disrepair, dismissed the landlord’s appeals, and allowed the tenant’s cross-appeal on costs in part.

  • Repair obligations under tenancy
  • Repudiatory breach
  • Notice of disrepair
  • Mitigation of loss
  • Costs orders and cross-orders
  • Assessment of damages
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.