Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Future earning capacity

  • 21 Jul 2015

    LEUNG HON KIT v. WONG PO HING AND ANOTHER

    Citation
    LEUNG HON KIT v. WONG PO HING AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI420/2013

    Liability having been determined, the court accepted the plaintiff's evidence and expert opinions that he sustained a malunited distal radius and ulnar styloid non-union with moderate residual pain, limited function and psychiatric adjustment disorder; plaintiff was unable to resume his pre-accident chef and part-time construction work so loss was assessed on that basis; PSLA quantified at HK$280,000 by comparison with authorities; pre-trial loss of earnings computed in segmented periods totalling HK$499,170 plus 5% MPF; post-trial loss of earnings calculated using statutory average wages and…

    • Assessment of damages
    • Pain and suffering
    • Loss of earnings
    • Future earning capacity
    • Deductions for statutory compensation
    • Interest and costs

  • 9 Jun 2005

    CHEUNG YU TIN ALVIN v. HO HON KA

    Citation
    CHEUNG YU TIN ALVIN v. HO HON KA
    Court
    District Court
    Case number
    DCPI853/2004

    The court found the plaintiff suffered a minor low back soft tissue injury with expected recovery within weeks to months; on the evidence and authorities the residual disability was minimal, PSLA assessed at HKD 25,000, past loss of earnings awarded HKD 1,460 (two days at half pay for loss of chance), special damages HKD 800, no award for future earnings, and judgment entered for HKD 27,260 with specified interest and costs nisi.

    • Assessment of damages
    • Pain, suffering and loss of amenities (psla)
    • Loss of earnings
    • Special damages
    • Future earning capacity

  • 11 Oct 2001

    LAI KWAN MING v. LEE YIN HING t/a KING YIP CO. AND ANOTHER

    Citation
    LAI KWAN MING v. LEE YIN HING t/a KING YIP CO. AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI765/2000

    Court accepted the medical evidence that the plaintiff sustained mild residual disability, rejected plaintiff's evidence about post-accident earnings and explanations due to nondisclosure and exaggeration, adopted a notional 22 working days per month, applied three-fifths of the serious injury starting point ($460,000) for PSLA = $276,000, allowed net accrued loss of $194,048, awarded $84,000 for handicap in the labour market, credited ECC payments of $51,840, added agreed special damages and interest, and entered judgment for $556,733.

    • Pain and suffering
    • Loss of earnings
    • Future earning capacity
    • Credibility and adverse inference
    • Interest and set-off

  • 23 May 2001

    YU KOK WING v. LEE TIM LOI

    Citation
    YU KOK WING v. LEE TIM LOI
    Court
    Court of Appeal
    Case number
    CACV139/2000

    The Court allowed the appeal in part: the master's general damages award of $275,000 was too low and was increased to $350,000; the master erred in law by refusing any award for future earning capacity for a casual painter because she misapplied the two‑stage test by treating the plaintiff's intention to remain a painter as negating the real risk that his reduced capacity would reduce his ability to obtain casual work; the court quantified future loss as $750 x 15 days x 10 years = $112,500 and ordered interest.

    • Assessment of damages
    • General damages for pain and suffering
    • Future earning capacity
    • Casual worker risk in labour market
    • Appeal against quantum
    • Service of court documents

  • 10 Oct 1986

    HO PING SHUI v. GREAT WALL HOUSE WARE MANUFACTORY

    Citation
    HO PING SHUI v. GREAT WALL HOUSE WARE MANUFACTORY
    Court
    Court of First Instance
    Case number
    HCA1547/1985

    Medical evidence accepted; multiplier/multiplicand approach rejected as speculative because there was insufficient probability plaintiff would have become a cook; court awarded general damages HK$100,000 for pain, suffering and loss of amenities, pre-trial losses totaling HK$16,210 (including a global HK$7,500 sum for uncertain period), future loss HK$60,000 (global), special damages HK$1,600, applied interest (2% on general damages from writ date, 4% on pre-trial loss and special damages from accident date), credited defendant HK$32,800 for E.C. receipts, and ordered costs to defendant with…

    • Pain and suffering
    • Loss of amenities
    • Loss of earnings
    • Future earning capacity
    • Medical evidence
    • Interest on damages

  • 27 Feb 1986

    WONG CHI WING v. WONG TAK WAI AND ANOTHER

    Citation
    WONG CHI WING v. WONG TAK WAI AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA4183/1985

    The Master held the plaintiff's injuries to fall within the 'substantial' category per Lee Ting Lam and awarded general damages of HKD 130,000 (with interest at 2% from the date of the writ). Past loss of earnings was assessed on evidence and mitigation deducted, totalling HKD 65,929. A global lump sum of HKD 60,000 was awarded for loss of future earning capacity rather than applying a strict multiplicand/multiplier formula. Specific special damages were allowed (hospital HKD 3,810; nutritional HKD 3,500; travel HKD 1,000) with interest on special damages at 3.8% from the date of the accident…

    • Assessment of damages
    • General damages
    • Special damages
    • Loss of earnings
    • Future earning capacity
    • Interest

  • 22 Jan 1985

    KWONG KAM CHEUNG v. LEE CHEONG DYEING WORKS LIMITED

    Citation
    KWONG KAM CHEUNG v. LEE CHEONG DYEING WORKS LIMITED
    Court
    Court of First Instance
    Case number
    HCA2300/1983

    Master held that medical evidence established minimal permanent disability (2%) and that Plaintiff had returned to work and secured higher earnings; awarded general damages of HK$30,000 for pain and suffering, HK$10,000 for handicap in the labour market, special damages of HK$22,765 for past loss and expenses, ordered interest (7% on special from date of accident; 2% on general from service of writ) and a credit of HK$12,215.55 for employer compensation under the Employee Compensation Ordinance.

    • Assessment of damages
    • Loss of earnings
    • General damages
    • Interest
    • Employee compensation credit
    • Future earning capacity

  • 21 Nov 1984

    WONG SHUN CHI v. THAI EAST TEXTILE CO. LTD. AND ANOTHER

    Citation
    WONG SHUN CHI v. THAI EAST TEXTILE CO. LTD. AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA5073/1982

    The plaintiff failed to discharge the onus of proving any loss of future earning capacity because she made no effort to seek employment and there was uncontradicted medical evidence she could do factory or sedentary work; however she was entitled to full past loss of earnings for proven periods of incapacity (from date of accident to end of Sept 1982 and for six months following the removal operation), and damages were assessed accordingly.

    • Loss of earnings
    • Future earning capacity
    • Pain and suffering
    • Interest on damages
    • Amendment of pleadings

  • 24 Aug 1983

    LAU CHOI v. SZETO WAI HUNG

    Citation
    LAU CHOI v. SZETO WAI HUNG
    Court
    Court of First Instance
    Case number
    HCA3862/1983

    Master accepted defendant's liability, found plaintiff suffered specified injuries with 15% whole person impairment for loss of left arm movement and two years loss of expectation of life; rejected claimant's uncorroborated claim of $600/month earnings but accepted modest pocket money and awarded general damages HK$20,000 (including HK$10,000 for two years loss of expectation and HK$3,000 for future earning capacity), allowed specific special damages in reduced amounts (bonesetters HK$2,500; tonic foods HK$660; clothing HK$206.50; son's travelling HK$2,200; plaintiff's travel HK$24; hospital…

    • Assessment of damages
    • General damages
    • Special damages
    • Loss of expectation of life
    • Future earning capacity
    • Evidence and credibility

  • 27 Jun 1980

    RENNY CHO KWOK HUNG v. FUSILIER DONALD EVANS AND OTHERS

    Citation
    RENNY CHO KWOK HUNG v. FUSILIER DONALD EVANS AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1686/1972

    The court accepted that the plaintiff sustained permanent physical and intellectual sequelae from the accident but found most claimed special items unreasonable or unproven; awarded limited special damages (HK$4,680) for one year of extra tuition and six months' medication, awarded general damages by a single global sum (HK$150,000) to cover pain, suffering, loss of amenities and diminution in earning capacity because future earnings could not be reliably quantified, awarded total judgment HK$154,680 with specified interest rates and apportioned costs.

    • Brain injury
    • Child plaintiff
    • Future earning capacity
    • Special damages
    • Interest
    • Costs allocation