Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Hong Kong decisions
Decisions matching the current search
The court held the plaintiff was entitled to costs on a Small Claims scale and awarded the defendant 40% of the costs of its summons after settlement.
The fresh evidence applications were refused because most documents were not genuinely new or lacked independent value and did not satisfy Ladd v Marshall; the new materials could not overturn the trial judge's credibility and factual findings which were supported by evidence; consequently there was no reasonable prospect of success on appeal and leave to appeal was refused; applications for stay and admission of fresh evidence denied and costs awarded to respondents.
Source excerpt
Court fixed PSLA at HKD 400,000 because injuries (right tibial plateau fracture, tibial shaft spiral fracture and fibular head fracture requiring ORIF and prolonged inpatient treatment and physiotherapy) were serious but achieved satisfactory healing and functional recovery per joint orthopaedic expert; pre-trial income loss rejected for lack of supporting documentary evidence and claimant's likely retirement/limited labour-market prospects; family care claim rejected for lack of evidence of market value and hours; specific special damages proven and quantified to HKD 359,267 (excluding QEH i…
Source excerpt
The court accepted the applicant's evidence as the most probable account, found first respondent was the employer and fourth respondent the principal contractor, accepted the assessed average monthly wage of HKD10,000 and the unchallenged s.9, s.10 and s.10A calculations (including deduction of prior payments), and therefore ordered the specified statutory awards, interest and costs against first and fourth respondents.
Source excerpt
The District Court dismissed a personal injuries claim arising from an alleged mahjong parlour incident, finding the plaintiff lacked credibility and liability was not proved.
法院批准就量刑/損害賠償階段取得最新聯合醫學專家報告，並設時間表；助理科技專家證據則被視為言之尚早。
Plaintiff failed to prove the accident occurred in the specific manner pleaded; contemporaneous police, ambulance and medical records and inconsistent witness accounts undermined the plaintiff's version; res ipsa loquitur was inapplicable; on balance of probabilities the claim against both defendants fails and is dismissed.
Source excerpt
Court accepted applicant's evidence of daily wage HKD1,600 and average 25 working days per month (monthly HKD40,000); accepted Form 9 as conclusive evidence of 3% permanent loss and 434 days temporary incapacity; respondent failed to rebut s10(2) presumption and default judgment on liability stands; compensation awarded as calculated: permanent loss HKD76,896; temporary incapacity HKD462,933.33; medical HKD1,340; total HKD541,169.33 with interest and costs.
Source excerpt
The District Court held all three defendants liable for a construction-site fall, finding breaches of CSSR Reg 38A and 38AA and awarding the plaintiff HK$479,733 plus interest.
The Court of First Instance dismissed a personal injuries claim arising from pituitary surgery, finding informed consent had been obtained and liability not proved.
Explore more
