Hong Kong Case Law: Decisions & Judgments

Topic

Care and attention

Legal area

Court

19 Oct 2012

LAI JIANXING v. SAKOMA (HK) LTD AND ANOTHER

Citation

LAI JIANXING v. SAKOMA (HK) LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV220/2011

For past (pre-trial) losses based on a lost promotional chance the claimant must prove on the balance of probabilities that the promotion and its timing would have occurred; for future losses a lost chance may be evaluated as a percentage of the full benefit; timing and factual vacancies are relevant to both assessments; awards adjusted accordingly.
3 Mar 2010

LEE KWOK SING v. RELIANCE SECURITY LTD

Citation

LEE KWOK SING v. RELIANCE SECURITY LTD
Court

District Court
Case number

DCEC71/2007

The court found the accident caused or materially contributed to the claimant's impairments including limb weakness; applying LKK Trans the combined effects of the injury and pre-existing disease are compensable without apportionment; on the evidence and special circumstances claimant is effectively totally incapable of gainful employment and entitled to full awards for permanent incapacity, care and attention, temporary incapacity and medical expenses, interest and costs.
26 Jun 2003

WONG HONG NIN EDWIN v. SWIRE PROPERTIES MANAGEMENT LTD

Citation

WONG HONG NIN EDWIN v. SWIRE PROPERTIES MANAGEMENT LTD
Court

District Court
Case number

DCEC378/2002

Court rejected the claimant's evidence and the evidence of his treating doctor Dr. Chow as unreliable and accepted the independent expert Dr. Lam. As a result the court found no entitlement under s.8, assessed permanent loss of earning capacity at 3% (s.9) and temporary incapacity at three months (s.10), limited medical expenses under s.10A to $2,568 up to 22 Nov 2001 at $175/day, and fixed total compensation at $68,011.12; despite an overpayment by respondent the court made no order for refund as it had no power to do so.
28 Oct 1997

WONG MOON YUNG v. LUEN FAT TRANSPORT

Citation

WONG MOON YUNG v. LUEN FAT TRANSPORT
Court

District Court
Case number

DCEC713/1996

Applicant's monthly income was found to be $8,125; temporary total incapacity crystallised into permanent total incapacity after 21 months (not 24); compensation assessed as statutory entitlements (including 2/3 wages for 21 months for temporary incapacity) totaling $995,750, netted against periodical payments received to a judgment sum of $849,811; interest on the net judgment is awarded from date of accident at 5.84% p.a. until judgment and thereafter at judgment rate; costs awarded to Applicant.
21 Dec 1992

KINGS LIGHT INDUSTRIAL LTD. v. LO WAI KEUNG

Citation

KINGS LIGHT INDUSTRIAL LTD. v. LO WAI KEUNG
Court

Court of Appeal
Case number

CACV80/1992

Court declined to disturb the trial judge's global exercise of discretion on most heads but adjusted specific items where evidence or principle required: deleted the separate loss of earning capacity award (36,000), disallowed future care and attention (36,000), reduced the holiday benefit capitalisation to a three-year valuation (substitute $183,153 for $976,816), reduced nourishing food award to $5,000 (from $28,060), corrected the tax deduction producing a further reduction, and ordered total deductions of $1,177,873 resulting in a partially allowed appeal and costs nisi for the appellant.
25 May 1990

BHAKTABAHDUR LIMBU v. LAI CHEE POR

Citation

BHAKTABAHDUR LIMBU v. LAI CHEE POR
Court

Court of First Instance
Case number

HCA4730/1988

The court found the defendant negligent for passing the stationary minibus at excessive speed into a blind spot and the plaintiff negligent for turning his bicycle into the road without sufficient observation; the court apportioned responsibility equally (50/50) and assessed and awarded damages accordingly after adjusting for contributory negligence.

Hong Kong Case Law

LAI JIANXING v. SAKOMA (HK) LTD AND ANOTHER

LEE KWOK SING v. RELIANCE SECURITY LTD

WONG HONG NIN EDWIN v. SWIRE PROPERTIES MANAGEMENT LTD

WONG MOON YUNG v. LUEN FAT TRANSPORT

KINGS LIGHT INDUSTRIAL LTD. v. LO WAI KEUNG

BHAKTABAHDUR LIMBU v. LAI CHEE POR