Hong Kong Case Law: Decisions & Judgments

Topic

Assessment of general damages (psla)

Legal area

Court

22 Jun 2021

余俊傑對黃泳祐前經營偉邦貨運公司及另一人

Citation

[2021] HKDC 729
Court

District Court
Case number

DCPI135/2017

The discharged bankrupt defendant retained locus to participate and defend the personal injury claim because the liability to pay damages for bodily injury is not discharged by bankruptcy under s32(6) of the Bankruptcy Ordinance; accordingly the defendant was entitled to be heard on quantum. On the evidence the court fixed PSLA at HK$420,000, accepted agreed pre-trial losses and expenses, rejected any award for post-trial loss of earnings for lack of credible evidence, and awarded a net judgment of HK$404,691 plus interest with specified costs directions.
7 Dec 2004

LEUNG CHAU v. THE INCORPORATED OWNERS OF KWAI WAN INDUSTRIAL BUILDING AND OTHERS

Citation

LEUNG CHAU v. THE INCORPORATED OWNERS OF KWAI WAN INDUSTRIAL BUILDING AND OTHERS
Court

Court of First Instance
Case number

HCPI1074/1998

Master accepted plaintiff as credible and medically corroborated; injuries amounted to mid-range serious facial injuries with ongoing functional and cosmetic consequences; awarded PSLA HK$500,000, special damages HK$52,458, future expenses HK$125,809 (including additional surgical and speech therapy items), and loss of future earning capacity HK$150,000; allowed interest on PSLA at 2% p.a. for six years only; deducted HK$48,000 employees' compensation and ordered costs of assessment against 1st Defendant while between Plaintiff and 2nd Defendant each bears own costs.
17 Sept 2001

LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

Citation

LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS
Court

Court of First Instance
Case number

HCPI828/1997

The court accepted the unchallenged medical and expert evidence of permanent hypoxic brain injury and related deficits, placed the PSLA at the upper end of serious injury using comparable local awards, adopted the plaintiff's alternative multiplier/multiplicand calculation (with concessions by defendants) to fix future loss of earnings and awarded the specific unchallenged future care and training costs and special damages, resulting in total damages of HK$3,000,887.
5 Mar 2001

THELMA G. CHAVEZ AND OTHERS v. FONG KA YIU, FRANK

Citation

THELMA G. CHAVEZ AND OTHERS v. FONG KA YIU, FRANK
Court

Court of First Instance
Case number

HCPI666/1999

Court found the 1st plaintiff met the statutory definition of dependant under s2(1)(c) despite no marriage certificate; refused defendant's late application to withdraw an earlier admission because withdrawal would prejudice plaintiff; rejected defendant's submission that funds raised by friends or bike club reduced special damages; assessed quantum on evidence, fixing PSLA, pre‑trial and future losses using accepted multiplicands and multipliers and awarding specified special and future expenses and interest accordingly.
18 Sept 1996

LAU HO PUN BEN v. CHAN WING CHUEN AND ANOTHER

Citation

LAU HO PUN BEN v. CHAN WING CHUEN AND ANOTHER
Court

Court of First Instance
Case number

HCPI199/1995

The court found that property in the car had passed to the 1st Defendant prior to the accident despite failure to effect statutory registration, and that the 2nd Defendant was therefore not vicariously liable because the 1st Defendant was not acting as his servant or agent; accordingly the 2nd Defendant was not liable to the Plaintiff, and damages were awarded to the Plaintiff against the liable party for identified heads.

Hong Kong Case Law

余俊傑 對 黃泳祐前經營偉邦貨運公司及另一人

LEUNG CHAU v. THE INCORPORATED OWNERS OF KWAI WAN INDUSTRIAL BUILDING AND OTHERS

LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

THELMA G. CHAVEZ AND OTHERS v. FONG KA YIU, FRANK

LAU HO PUN BEN v. CHAN WING CHUEN AND ANOTHER

余俊傑對黃泳祐前經營偉邦貨運公司及另一人