Hong Kong Case Law: Decisions & Judgments

Topic

Assessment of damages (quantum)

Legal area

Court

18 Jun 2025

廈門新景地集團有限公司 formerly known as 廈門巿鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS

Citation

[2025] HKCA 566
Court

Court of Appeal
Case number

CACV235/2024

The Court granted a stay of execution pending appeal on the same terms as the judge below because the appeal is at least reasonably arguable and there are additional reasons (a real/appreciable risk the plaintiff would not repay released funds) justifying a conditional stay; the judge’s award to pay out RMB180,000,000 was not arbitrary and the Court will not interfere with that discretionary exercise.
13 Nov 2018

LAM TAK WA v. EVERBEST PORT SERVICES LTD (IN LIQUIDATION) AND ANOTHER

Citation

[2018] HKCFI 2461
Court

Court of First Instance
Case number

HCPI455/2016

The 1st defendant breached its duty to provide a safe system/place of work by failing to guard the hatch cover edge and provide handrails or adequate safeguards; the plaintiff was not contributorily negligent; however, the damages awarded (after assessment and deductions) are less than the employees' compensation already received, entitling credit and resulting in dismissal of the action and an order for the plaintiff to pay the 1st defendant's costs.
4 Jul 2007

CHIMMALEE ON-UMA v. WAYLUNG WASTE SERVICES LTD

Citation

CHIMMALEE ON-UMA v. WAYLUNG WASTE SERVICES LTD
Court

District Court
Case number

DCPI1945/2006

The court found the plaintiff's evidence inconsistent, unreliable and not credible; medical evidence supported the defendant's expert that the plaintiff had pre-existing degenerative spinal disease and had exaggerated symptoms; the task of watering plants with the hose was a simple operation which in the circumstances did not require additional assistance, special training or make the employer liable. Therefore the plaintiff failed to prove breach of duty or causation and the claim was dismissed.

Hong Kong Case Law

廈門新景地集團有限公司 formerly known as 廈門巿鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS

LAM TAK WA v. EVERBEST PORT SERVICES LTD (IN LIQUIDATION) AND ANOTHER

CHIMMALEE ON-UMA v. WAYLUNG WASTE SERVICES LTD