Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Damages (psla)

Legal area

Court

14 Oct 2016

WONG BIK FAI v. DRAGAGES HONG KONG LTD AND OTHERS

Citation

WONG BIK FAI v. DRAGAGES HONG KONG LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI564/2015

The court awarded the plaintiff damages totalling HK$196,232.09 after assessing PSLA at HK$250,000, pretrial loss of earnings and MPF at HK$331,851.31, special damages at HK$24,000, applying a 10% reduction for contributory negligence and deducting employees' compensation of HK$349,034.09; the court rejected causation of claimed psychiatric injury and found no loss of future earning capacity beyond the sick leave period.
20 Jul 2006

YEUNG TAI HUNG v. HONG KONG BAPTIST HOSPITAL AU SHUE HUNG HEALTH CENTRE

Citation

YEUNG TAI HUNG v. HONG KONG BAPTIST HOSPITAL AU SHUE HUNG HEALTH CENTRE
Court

Court of First Instance
Case number

HCPI686/2004

The court held there was no contributory negligence because the plaintiff did not know the floor was oily (only wet), cleaning was not his responsibility and footwear issues were not pursued; the court preferred the plaintiff's orthopaedic expert that the accident aggravated an otherwise asymptomatic lumbar degeneration and awarded damages accordingly, after deducting prior ECC compensation, resulting in a judgment for the plaintiff of $514,507 and a costs order to be taxed on the High Court scale.