Hong Kong Case Law: Decisions & Judgments

Topic

Deduction of statutory compensation

Legal area

Court

9 Jul 2024

YUNG WAI LOK v. WAH KOON DESIGN ENGINEERING LTD

Citation

[2024] HKDC 983
Court

District Court
Case number

DCPI3383/2022

Plaintiff proved on the balance of probabilities that the accident caused the diagnosed injuries and is entitled to damages; after assessing quantum the Court awarded PSLA $350,000, pre-trial loss (including MPF) $365,750, special damages $23,275, refused a separate award for loss of earning capacity, deducted employees' compensation $228,311.67 and ordered interest and taxable costs accordingly.
11 Jan 2011

FONG MO FUNG v. WONG YICK YING

Citation

FONG MO FUNG v. WONG YICK YING
Court

District Court
Case number

DCPI2030/2009

On the evidence (medical reports and plaintiff's testimony) and comparison with authorities, the court awarded PSLA in the region of HK$350,000; awarded pre-trial loss of earnings HK$528,990 (including full award for 13 months sick leave and assessed monthly loss for remaining period); refused award for loss of future earning capacity; allowed nominal special damages HK$10,000; deducted Employees Compensation HK$169,780 from the award; awarded interest (2% p.a. on PSLA from service of writ to judgment; judgment interest at half-judgment rate on pre-trial loss and special damages from date of…
7 Oct 2009

THAPA DHAN BAHADUR v. ALL CLAD ASIA LTD AND OTHERS

Citation

THAPA DHAN BAHADUR v. ALL CLAD ASIA LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI163/2007

Applying the Hopkins/Lai Ki tests, excluding interest under s49(7) and deducting employee compensation, the Court projected the plaintiff's recoverable damages at $836,542.05 which is below the District Court $1,000,000 limit; therefore High Court scale was not justified and plaintiff's costs are to be taxed at District Court scale.
30 Nov 2002

CHEUNG KOON WAH v. LEUNG KA HANG AND OTHERS

Citation

CHEUNG KOON WAH v. LEUNG KA HANG AND OTHERS
Court

Court of First Instance
Case number

HCPI76/2002

Default judgment established liability; on assessment the court accepted plaintiff's medical evidence of permanent impairment and limited physical disabilities, awarded general damages of HK$350,000 as being below the serious injury band; accepted pre-accident monthly wage of HK$16,000 for calculation of pre-trial loss (40 months) less earnings of HK$2,000; for future loss the court reduced pre-accident wage by 10% to HK$14,400 and adopted a post-injury earning prospect of HK$7,000, producing a multiplicand of HK$7,400 and a multiplier of 13 to yield HK$1,154,400; awarded HK$84,000 for loss o…
20 Sept 2000

Lee Wai Lien v. Dragages et Travaux Publics and Penta-Ocean Construction Co. Ltd.

Citation

Lee Wai Lien v. Dragages et Travaux Publics and Penta-Ocean Construction Co. Ltd.
Court

Court of First Instance
Case number

HCPI596/1999

On the balance of probabilities the son's family were not dependent and their claim was disallowed due to lack of support in EC proceedings and Social Welfare Report; the court adopted an itemised/percentage approach producing a 57% dependency for immediate family (widow), applied multipliers of 9 for deceased and widow and 5 for mother and mother-in-law, assessed loss of accumulation of wealth taking MPF into account, allowed funeral and bereavement awards, deducted employees' compensation of HK$1,026,430 and directed interest and costs as specified.
9 May 1997

CHUNG HOK SUNG v. LI KAM MING and Another

Citation

CHUNG HOK SUNG v. LI KAM MING and Another
Court

Court of First Instance
Case number

HCPI393/1995

The court accepted the medical evidence of permanent but limited disability (5% permanent disability) and found the plaintiff's reduced earnings were significant only for about one year after the accident; future earnings loss limited to shortened working life of about 5 years warranting a multiplier of 2; awarded quantified sums for each head, deducted statutory compensation already received, applied specified interest rates, and ordered costs of the assessment to be paid by the defendants to the plaintiff to be taxed if not agreed.
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.
30 Aug 1994

HO PANG LIN AND ANOTHER v. HO SHUI ON AND ANOTHER

Citation

HO PANG LIN AND ANOTHER v. HO SHUI ON AND ANOTHER
Court

Court of First Instance
Case number

HCA4450/1993

Where the evidence established on the balance of probabilities that the deceased would have accumulated wealth by natural death despite absence of an identifiable savings pattern (due to thrift, settled lifestyle, family responsibilities and business prospects), the court may award a conservative global sum for loss of accumulation rather than a notional percentage; for dependency the court adopted the English conventional percentage approach (75% of income for widow and children) but applied an average multiplier of nine to reflect differing ages and stages of dependants, awarded gross depen…
13 Jun 1991

LEE HON CHUEN v. FUNG KIN SANG AND OTHERS

Citation

LEE HON CHUEN v. FUNG KIN SANG AND OTHERS
Court

Court of First Instance
Case number

HCA1105/1989

The court accepted the plaintiff suffered serious fractures but made a substantial recovery; he was entitled to general damages of $150,000 and $10,000 for loss of earning capacity; plaintiff should have obtained light work for eight months after expiry of sick leave (mitigation) and there is no continuing loss of wages after January 1989; statutory compensation received ($115,332.77) is to be deducted (with interest conceded), leaving a net award of $229,618.47 plus interest on different heads as specified; costs reserved to be heard.
25 Sept 1987

LAW YIM KWAN v. CHINA INSURANCE COMPANY LIMITED

Citation

LAW YIM KWAN v. CHINA INSURANCE COMPANY LIMITED
Court

Court of First Instance
Case number

HCA6845/1986

The court held the limitation endorsement related only to common law liability and, given the existence of two contemporaneous policies covering the same type of liability, the only sensible construction was that the policies were intended to operate as layers producing a combined liability ceiling of HK$300,000; accordingly the plaintiff was entitled to HK$299,022.89 plus interest and costs.