Hong Kong Case Law: Decisions & Judgments

Topic

Apportionment of damages

Legal area

Court

8 Mar 2021

YEUNG LAI PING v. SECRETARY FOR JUSTICE

Citation

[2021] HKCA 256
Court

Court of Appeal
Case number

CACV206/2019

The Court held DOH was negligent: it knew or ought to have known of the risk from repetitive forceful wrist activity and, given knowledge of the plaintiff’s symptoms and sick leave, it was negligent to assign three surgical extractions on 30 October 1999 and to maintain an excessive SX workload; the plaintiff suffered an acute-on-chronic attritional tear of the TFC on that date; causation established on balance of probabilities (but-for/material contribution); the TFC injury was indivisible so no apportionment; contributory negligence defence failed; pension payments received are not deductib…
28 Mar 2019

WONG YUNG TAI v. TOP EAGLE SECURITY MANAGEMENT LTD AND ANOTHER

Citation

[2019] HKDC 408
Court

District Court
Case number

DCPI126/2013

The court refused to award indemnity costs for the entire action but found the plaintiff consciously concealed her resumption of work from March 2017 onwards, conduct sufficiently serious to take the case out of the norm; accordingly the plaintiff must pay the 2nd defendant's costs on a party‑and‑party basis up to 1 March 2017 and on an indemnity basis from 1 March 2017 to discontinuance, and must pay the 2nd defendant's costs of the contribution and indemnity proceedings on a party‑and‑party basis.
5 Dec 2016

WONG HIN CHUEN v. WANG ON MAJORLUCK LTD AND OTHERS

Citation

WONG HIN CHUEN v. WANG ON MAJORLUCK LTD AND OTHERS
Court

District Court
Case number

DCPI58/2015

The court accepted the plaintiff's evidence and found the primary cause of the fall was pork residues deposited by the 3rd defendant's staff, with the wet floor a contributing factor; the 3rd defendant was therefore liable and vicariously responsible for its worker's acts. The 2nd defendant (cleaning contractor) and 1st defendant (property manager/occupier) had implemented reasonable cleaning and supervisory systems and were not in breach. The plaintiff was 15% contributorily negligent. Damages were assessed and apportioned accordingly.
16 Apr 2014

LAU WING YEUNG v. KOWLOON CRICKET CLUB

Citation

LAU WING YEUNG v. KOWLOON CRICKET CLUB
Court

Court of First Instance
Case number

HCPI955/2013

The court held that documents in DCPI 2491/2012 and bank transaction records that bear on the plaintiff's earnings, sick leave and funds received are relevant to causation and apportionment of loss of earnings and thus specific discovery is ordered as amended; discovery of the wife's general employment records is refused but her bank transaction records that show transfers to the plaintiff are ordered; no supplemental expert report was required; the plaintiff may serve a supplemental witness statement but the application to file a re-revised statement of damages is dismissed as premature; cos…
3 Apr 2008

FONG KIT MAN v. NG TSZ KEUNG W P CO LTD AND ANOTHER

Citation

FONG KIT MAN v. NG TSZ KEUNG W P CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI539/2005

Liability was conceded for failure to provide plans/warnings; the plaintiff was found 10% contributorily negligent for failing to request plans from his employer or foreman despite prior similar injury; orthopaedic injury was apportioned 40% to the 1st Accident and 60% to the 2nd Accident; damages were assessed and reduced by 10% contributory negligence and by the ECC payment, resulting in judgment for the plaintiff for HKD 1,661,629.40.
3 Jan 2008

CHAN KAM HONG v. MOHAMMAD RIAZ

Citation

CHAN KAM HONG v. MOHAMMAD RIAZ
Court

Court of First Instance
Case number

HCPI938/2005

On the medical evidence the plaintiff's severe pre-existing degenerative lumbar changes contributed to his residual disability, the plaintiff's symptoms were materially exaggerated, and applying Chan Kam Hoi an appropriate global discount of 25% should be applied to damages; the plaintiff's business suffered loss of profit causally linked to his reduced capacity but part of the profit decline was due to increased material costs, and awards were assessed accordingly.
9 Feb 2007

ASHOK G. C. v. KAM KEE CONSTRUCTION WORKS LTD AND ANOTHER

Citation

ASHOK G. C. v. KAM KEE CONSTRUCTION WORKS LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV244/2006

Appeal allowed in part: the master erred by applying a global 40% reduction across pre-trial and post-trial losses for the pre-existing L4/5 degeneration. Absent evidence of pre-trial effect, pre-trial loss should not be reduced; future loss should be addressed by an appropriate reduced multiplier (six years) rather than a blanket percentage reduction. Court recalculated the components and entered judgment for the plaintiff for a net sum of $849,094.68.
19 Jun 2006

ETERNAL LOYAL LTD v. SECRETARY FOR JUSTICE AND ANOTHER

Citation

ETERNAL LOYAL LTD v. SECRETARY FOR JUSTICE AND ANOTHER
Court

District Court
Case number

DCCJ2292/2004

Ambulance driver was negligent because he proceeded into the junction on a red signal without stopping or adequately observing traffic and at an excessive speed in the circumstances; Regulation 60 did not justify his conduct as a brief stop would not have hindered the ambulance's purpose. The public light bus driver was not negligent and did not contribute to the accident. The 3rd party notice is dismissed.
30 Oct 2002

KWOK SUI SHUM DOROTHY v. HUI LAM HO AND ANOTHER

Citation

KWOK SUI SHUM DOROTHY v. HUI LAM HO AND ANOTHER
Court

Court of First Instance
Case number

HCPI375/2001

The court found the accident caused a minor whiplash injury which contributed to the plaintiff's neck pain and some psychiatric symptoms but that the plaintiff's pre-existing asymptomatic degenerative cervical condition and the employer's redundancy materially contributed to and in part superseded the psychiatric deterioration; damages were awarded for pain and suffering and economic loss but future losses were apportioned with a 40% reduction to reflect non-tort causes, producing a net award of HKD 863,998.00, interest orders and costs nisi.
25 Jul 2002

CHAN WING FAI v. WONG HON KWONG AND OTHERS

Citation

CHAN WING FAI v. WONG HON KWONG AND OTHERS
Court

Court of First Instance
Case number

HCPI675/2001

Contribution between joint tortfeasors is to be apportioned on the gross value of the plaintiff's common law claim; where an employer has paid Employees Compensation and the plaintiff has received credit under s.26(1), the proper accounting is to apportion the gross liability and then reimburse the employer for any overpayment by way of contribution from co‑defendants.