Hong Kong Case Law

7 Feb 2025

GURUNG JAGAT v. DRAGAGES HONG KONG LTD AND ANOTHER

Citation

[2025] HKCFI 418

Court

Court of First Instance

Case number

HCPI501/2020

Defendants failed to prove that the plaintiff unreasonably declined operative treatment; on medical and occupational evidence the plaintiff suffers persistent mild pain, stiffness and weakness and cannot return to his pre-accident work; accordingly damages for PSLA, pre-trial and post-trial loss of earnings, future loss of earning capacity and special damages were awarded in specified sums totalling HK$4,092,292 after credit for an ECC Award, together with interest and costs orders.

• Acromioclavicular joint dislocation
• Mitigation of loss (refusal of surgery)
• Pain, suffering and loss of amenities
• Loss of earnings
• Credibility of medical and lay evidence
• Interest and costs