Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Damages (quantum)

  • 11 May 2004

    YAN SHUN SIM v. KAI MUK YIM AND ANOTHER

    Citation
    YAN SHUN SIM v. KAI MUK YIM AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI69/2003

    The court found the 1st defendant negligent: driving at 40 km/h downhill on a dark, steep, narrow bend without slowing, swerving and losing control and hitting the plaintiff; his prior conviction for careless driving reinforced the finding and he failed to discharge the shifted civil burden. The plaintiff was not contributorily negligent (court accepted she carried a switched-on torch and was near the kerb). Damages were assessed accordingly for PSLA, past special damages, interest, and future care including helper and wheelchairs, producing a total award of $1,182,226 HKD.

  • 16 Feb 2004

    LAM PO CHUN v. LEUNG WAI CHUN

    Citation
    LAM PO CHUN v. LEUNG WAI CHUN
    Court
    District Court
    Case number
    DCCJ1085/2003

    Liability accepted; plaintiff found an unreliable witness on key items (quotation, cash payments, failure to call makers) so only specific, substantiated losses and reasonable items were awarded. The court disallowed wholesale replacement (parquet, many fixtures) as unnecessary and awarded reduced market-value based amounts for used appliances, specific redecoration items (wallpapers/ceilings) and measured general damages, totaling HK$73,877.50 plus interest and costs nisi.

  • 21 Mar 1997

    TSANG YIK ON v. KAT CHING

    Citation
    TSANG YIK ON v. KAT CHING
    Court
    Court of First Instance
    Case number
    HCPI710/1996

    The court accepted the Plaintiff's and Mr Chung's evidence, found the Defendant had assaulted the Plaintiff causing serious head and other injuries, rejected the Defendant's unsubstantiated account, established liability, awarded damages quantified for PSLA, past and future earnings and special damages, and ordered deduction of the Employees' Compensation award under s.26(1); interest and costs ordered as specified.

  • 22 Jul 1987

    HO WING CHU v. CHAN KWOK KEUNG AND ANOTHER

    Citation
    HO WING CHU v. CHAN KWOK KEUNG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA1267/1987

    The court found the second defendant wholly at fault for negligent reversing without warning or adequate lookout and rejected the plea of contributory negligence. The court also rejected the defendants illegality defence in respect of loss of earnings because of the special circumstances of the Kowloon Walled City and the Governments non-enforcement policy; accordingly the plaintiff was awarded specified general and special damages, interest and costs as detailed in the judgment.