Hong Kong Case Law: Decisions & Judgments

Topic

Assessment of general and special damages

Legal area

Court

17 Mar 2022

梁瑞成對黃根達及另一人

Citation

[2022] HKDC 238
Court

District Court
Case number

DCPI110/2018

Defendants are civilly liable for the assault. The criminal findings and the trial evidence establish that defendants jointly attacked the plaintiff, causing significant physical injuries and psychiatric harm; defences of mutual combat or self-defence fail. Damages assessed: PSLA HK$350,000; aggravated damages HK$40,000; special damages HK$6,558; total HK$396,558 with specified interest; defendants ordered to pay costs to plaintiff.
31 Oct 2013

EPIFANIO CANDEL RBASTO v. CHAN KING YUN JAMES

Citation

EPIFANIO CANDEL RBASTO v. CHAN KING YUN JAMES
Court

Court of First Instance
Case number

HCPI42/2012

Liability was established by default; the uncontested medical and witness evidence established catastrophic permanent brain injury with reduced life expectancy, justifying awards across heads. Applying Chan Tables 2013 (multipliers 14 for future earnings and 19 for future care/expenses), the court awarded aggregate damages of HK$5,583,109 and ordered interest and costs as specified.
2 Nov 2007

WONG FUNG NUI v. LEUNG YAT HO AND ANOTHER

Citation

WONG FUNG NUI v. LEUNG YAT HO AND ANOTHER
Court

District Court
Case number

DCPI455/2006

The court found on the balance of probabilities that the 1st Defendant assaulted the Plaintiff on 22 July 2003, accepted medical evidence that the assault caused or aggravated hearing loss and psychiatric adjustment disorder, allowed specified heads of damages while disallowing or reducing items unsupported by evidence, deducted prior payments by the 2nd Defendant, and awarded a net sum of HKD 119012 with interest and costs as ordered.
28 Oct 2005

WONG KWOK WA v. HUNG TIN SUN AND OTHERS

Citation

WONG KWOK WA v. HUNG TIN SUN AND OTHERS
Court

Court of First Instance
Case number

HCPI1153/2004

Both Chan and Hung were negligent for following too closely; Chan was principally responsible for swerving and was apportioned 60% liability (with vicarious liability on Lee Wa), Hung 40% (with vicarious liability on Ho); plaintiff was contributorily negligent at 30%; damages were quantified (PSLA, past and future loss of earnings, MPF loss, loss of earning capacity, special damages and interest), reduced by 30% and a credit allowed for employees' compensation received; judgment entered for plaintiff for net sum after set-off and with interest and costs directions.
14 Jan 2003

HOI LAI CHAN v. THE HOSPITAL AUTHORITY

Citation

HOI LAI CHAN v. THE HOSPITAL AUTHORITY
Court

Court of First Instance
Case number

HCPI71/2001

Liability having been admitted, the judge evaluated the evidence and expert opinions, fixed a fair pre‑operation monthly earning at HK$5,730, awarded past loss of earnings HK$641,760 (112 months), future loss HK$481,320 (84 months, multiplier 7 years), accepted agreed and assessed heads for medical care and general damages (pain and suffering HK$500,000; reconstructive surgery HK$188,000; physiotherapy HK$2,100; occupational therapy HK$4,200; tonic food HK$15,000) and, on expert evidence, awarded HK$243,000 for psychological treatment over ten years at HK$1,500 per session on the schedule set…
20 Nov 2002

WONG KIN CHUNG MICHAEL v. FENBAN SHIPPING CO. LTD. AND OTHERS

Citation

WONG KIN CHUNG MICHAEL v. FENBAN SHIPPING CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCPI1184/1998

The 3rd defendant, as employer, was negligent for failing to ensure a reasonably safe workplace and to provide a safety helmet; that negligence caused the plaintiff's injuries and the plaintiff is entitled to damages assessed at HKD 1,083,620 after credit for employees' compensation.
20 Dec 2000

LEUNG CHUNG NGAR CHRISTOVER v. YEUNG MAN WAI AND ANOTHER

Citation

LEUNG CHUNG NGAR CHRISTOVER v. YEUNG MAN WAI AND ANOTHER
Court

Court of First Instance
Case number

HCPI63/1999

Driver was wholly responsible for the accident because he drove over part of the pavement and failed to keep a proper lookout; the plaintiff was properly positioned and did not contribute to the injury; the owner's vicarious liability need not be fully litigated and the claim against the owner was dismissed without costs; damages were assessed on the evidence and documentary records, yielding a judgment of $715,230 with interest and costs to the plaintiff against the first defendant.
13 Dec 1999

CHONG LEUNG SUNG v. CHAU KAI KEUNG AND OTHERS

Citation

CHONG LEUNG SUNG v. CHAU KAI KEUNG AND OTHERS
Court

Court of First Instance
Case number

HCPI709/1998

CHONG LEUNG SUNG v. CHAU KAI KEUNG AND OTHERS
12 Aug 1999

YU HEUNG YUK v. HO MAN AND OTHERS

Citation

YU HEUNG YUK v. HO MAN AND OTHERS
Court

Court of First Instance
Case number

HCPI57/1998

On the balance of probabilities the court preferred the plaintiff’s and her husband’s evidence, found all three defendants participated in the assault and were civilly liable, rejected conversion disorder diagnosis and substantial parts of the plaintiff's physical complaints as exaggerated but accepted a genuine and significant psychiatric injury; awarded total damages of HK$1,268,857 with specified breakdown and ordered interest and costs accordingly.
11 Nov 1998

CHAN KAM HOI v. DRAGAGES ET TRAVAUX PUBLICS

Citation

CHAN KAM HOI v. DRAGAGES ET TRAVAUX PUBLICS
Court

Court of Appeal
Case number

CACV58/1997

The court held the Deputy Judge's factual findings were justified but corrected an inconsistency and an error in principle in assessing future loss of earnings: the judge's overall 45% deduction for the effect of the pre-existing condition had to be applied consistently and the multiplier used for future loss at trial age was wrong; accordingly the court substituted a future loss award of $404,910 and substituted the overall judgment sum of $825,758.38 and ordered costs nisi to the plaintiff to be taxed if not agreed.