Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Cookson v knowles assumption
  • 7 Feb 2013

    LI KA WAI v. HOSPITAL AUTHORITY

    Citation
    LI KA WAI v. HOSPITAL AUTHORITY
    Court
    Court of First Instance
    Case number
    HCPI671/2007

    The Cookson v Knowles assumption of a 4.5% real net return is no longer valid in Hong Kong; the court must deduct price inflation and reasonable management fees and tailor the notional investment portfolio to the claimant's period of need. Accordingly distinct net discount rates are set according to term of need: -0.5% for plaintiffs with needs up to 5 years (portfolio: ~20% 12-month time deposits, 80% EFNs), 1% for needs up to 10 years (portfolio: ~15% time deposits, 85% EFNs/bonds of BBB+ or better after a 0.75% management fee), and 2.5% for needs exceeding 10 years (portfolio: ~10% time de…