Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Assessment of pecuniary and non-pecuniary loss

Legal area

Court

18 Jul 1994

CHAN SI MUI v. KONG HUNG KEUNG AND OTHERS

Citation

CHAN SI MUI v. KONG HUNG KEUNG AND OTHERS
Court

Court of First Instance
Case number

HCA4977/1991

Judge found both plaintiff and driver equally to blame (50% each); both corporate defendants held vicariously liable because the driver's employment and control were effectively shared and inseparable between the two companies; damages assessed on full liability and reduced by 50% for contributory negligence.
27 Aug 1968

MAURICE ANDRE GENSBURGER v. EVELYN APRYL GENSBURGER AND OTHERS

Citation

MAURICE ANDRE GENSBURGER v. EVELYN APRYL GENSBURGER AND OTHERS
Court

Court of Appeal
Case number

CACV18/1968

The Full Court held that (1) the action of criminal conversation no longer subsists in Hong Kong but damages for adultery under s.50(1) of the Matrimonial Causes Ordinance may be assessed by principles analogous to those developed in Butterworth/Pritchard (pecuniary value plus injury to feelings); (2) fresh evidence was not admissible on appeal because it was speculative and unlikely to materially affect the award; and (3) the trial judge's calculation was excessive and should be reduced, resulting in total damages of HKD 20,000 (HKD 10,000 pecuniary, HKD 10,000 injury to feelings).