Hong Kong Case Law

陳华玲 對 黃漢邦

Court

District Court

Case number

DCPI3825/2022

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

• Damages assessment
• Special damages
• Interest
• Expert medical evidence
• Costs

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LAM PO YEE v. YU SHUI MUI

Court

Court of First Instance

Case number

HCA2092/2024

The Court of First Instance dismissed a stay summons, holding the plaintiff failed to prove any applicable arbitration agreement and had already acted on the merits.

• Stay of proceedings
• Third party rights
• Arbitration agreement
• First statement on substance
• Discovery of electronic records
• Indemnity costs

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KHAN FAROOQ AHMED v. DELIVERY HERO FOOD HONG KONG LTD formerly known as ROCKET FOOD LTD

Court

Court of First Instance

Case number

HCPI65/2022

高等法院原訟法庭裁定送遞平台在八號風球下沿用不安全工作制度須負責，原告亦有20%疏忽，終獲判賠HK$1,348,209。

• Employer's duty of care
• Safe system of work
• Contributory negligence
• Typhoon safety code/compliance
• Employees' compensation
• Employer-duty-of-care

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TSE CHI WAI v. CHAN KWAN HO AND OTHERS

Court

District Court

Case number

DCPI3774/2023

District Court personal injuries action arising from a workplace assault. The court found the plaintiff and the assailant were employed by the 2nd defendant and held it vicariously liable.

• Vicarious liability
• Employment relationship
• Contributory negligence
• Quantum of damages
• Employees' compensation ordinance
• Admissibility of convictions

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SINO DATABASE LTD AND ANOTHER v. ABERDEEN BOAT CLUB LTD

Court

District Court

Case number

DCCJ3404/2021

The District Court dismissed a 2nd plaintiff’s late applications for expert evidence, specific discovery and vacating trial dates, but allowed a minor amendment and a supplemental witness statement.

• Breach of contract
• Negligence
• Expert evidence admissibility
• Specific discovery
• Case management
• Costs

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URBAN PROPERTY MANAGEMENT LTD 對 CHAN YAM WAN TOMMY 及另一人

Court

District Court

Case number

DCCJ464/2024

Given that effective relief had been obtained against the 2nd defendant, the plaintiff unreasonably pursued summary relief against the 1st defendant which was discretionary and factually contestable (whether the 1st defendant was a joint tortfeasor); therefore it was unjust to shift costs to the 1st defendant. The summons is allowed to be withdrawn and no order as to costs is made; each party bears their own costs for the summons.

Source excerpt

• Injunctions
• Trespass
• Breach of deed of mutual covenant
• Costs
• Summary judgment

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TAM LI KAM WAH AGNES v. WONG PUI HANG WILLIAM AND ANOTHER

Court

Court of First Instance

Case number

HCPI117/2017

The court assessed damages in a fatal accident claim, finding the deceased’s parents were dependants and awarding losses for dependency, wealth accumulation and funeral expenses, subject to 15% contributory negligence.

• Dependency
• Loss of accumulation of wealth
• Bereavement damages
• Contributory negligence
• Loss of chance
• Pleading amendments and case management

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WELL RISE (HONG KONG) LTD v. THE INCORPORATED OWNERS OF WESTLANDS CENTRE

Court

District Court

Case number

DCCJ253/2019

The District Court held that pre-judgment interest in a water seepage damages case should run at half judgment rate from when each loss was suffered.

• Pre-judgment interest
• Interest rate
• Compensatory damages
• Water seepage
• Loss of rental
• Costs

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LIU YUEFEN 對 CHAN WING MAN

Court

District Court

Case number

DCPI2648/2021

Defendant was negligent in re-starting and driving without ensuring safety and failing to warn; defendant cannot collaterally attack the prior criminal conviction in these proceedings absent new evidence or exceptional unfairness given she had full opportunity at criminal trial; plaintiff was contributorily negligent and liability apportioned 50:50; damages of HK$227,371.25 awarded to plaintiff with specified interest and costs orders.

Source excerpt

• Negligence
• Contributory negligence
• Collateral attack of criminal conviction
• Evidence ordinance s61(1)-(2)
• Assessment of damages

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柯開榮 對 明泰建築工程有限公司

Court

District Court

Case number

DCPI3284/2022

The court found the employer owed no breach because the task was simple and adequate training/guidance was provided; the co-worker was not negligent because plaintiff's sudden, close and startling approach caused the co-worker to involuntarily release the timber; plaintiff's own unreasonable conduct was the sole cause of the accident and injury, therefore claim dismissed and defendant not liable.

Source excerpt

• Employer's duty of care
• Vicarious liability
• Contributory negligence
• Causation
• Damages
• Credibility assessment

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