Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Future care

  • 9 Aug 2024

    LAU KUEN 對 LI TAK MING及另一人

    Citation
    [2024] HKCFI 2064
    Court
    Court of First Instance
    Case number
    HCPI151/2020

    With liability already established by default judgment and no substantive challenge to the plaintiff's evidence, the court accepted the joint expert opinions and the plaintiff's uncontested factual evidence and assessed damages as pleaded, awarding a total of HKD19,530,852 for the specified heads of loss, awarding interest as specified and making a provisional costs order in favour of the plaintiff for the damages assessment proceedings.

  • 22 Dec 2017

    CHEUK WAN HING 對 CHAN WAI HUNG t/a LAM YIN COMPANY

    Citation
    CHEUK WAN HING 對 CHAN WAI HUNG t/a LAM YIN COMPANY
    Court
    Court of First Instance
    Case number
    HCPI85/2015

    Court accepted plaintiff's evidence and expert opinion that injury caused L5/S1 disc prolapse requiring surgery, accepted PSLA at HK$300,000, fixed pre‑injury income at HK$14,050, found plaintiff could perform light work from February 2017 and awarded past and future pecuniary losses calculated on those bases, applied multiplier 18.26 for future loss, awarded specified special damages, deducted employees' compensation of HK$325,000 and ordered interest and costs accordingly.

  • 17 Jan 2017

    JENNY FUNG by her Father and Next Friend FUNG WAI HUNG ALEXANDER v. BELAIR GARDEN MANAGEMENT CO LTD AND OTHERS

    Citation
    JENNY FUNG by her Father and Next Friend FUNG WAI HUNG ALEXANDER v. BELAIR GARDEN MANAGEMENT CO LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCPI307/2010

    Court refused to draft party-drafted expert questions and held that care experts must be given scope to identify care-related life stages and to opine on appropriate future care packages and costings; directed parties to agree joint questions within 14 days, dispatch joint instructions by 3 February 2017, set a Deadline in the joint instructions, preserve paragraphs 6-7 of the court's order dated 26 January 2016, require a joint letter to the court by 10 February 2017, and made a costs nisi order that 75% of the costs of the disputed applications be costs in the cause with the plaintiff's cos…

  • 28 Oct 2016

    LEUNG LEE JASMINE v. GO FRESH (HONG KONG) CO LTD

    Citation
    LEUNG LEE JASMINE v. GO FRESH (HONG KONG) CO LTD
    Court
    District Court
    Case number
    DCPI2425/2014

    Judge preferred plaintiff and Dr Wong's evidence that the L4/5 annular tear was caused by the accident, accepted contemporaneous treating records and credibility of witnesses, and assessed damages accordingly: PSLA HK$350,000; loss of earnings HK$35,486; loss of society HK$80,000; special damages HK$82,888; no award for loss of earning capacity or future physiotherapy; interest and costs as ordered.

  • 11 Nov 2011

    FUNG CHUN MAN v. HOSPITAL AUTHORITY AND ANOTHER

    Citation
    FUNG CHUN MAN v. HOSPITAL AUTHORITY AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI1113/2006

    2nd Defendant admitted negligent misdiagnosis and unnecessary balloon septostomy creating an ASD; on balance of probabilities the misdiagnosis materially contributed to the infant's heel necrosis and the ASD produced respiratory symptoms in childhood; although later deconditioning and psychological limitation of exercise contributed to current reduced capacity, that state is causally linked to the original tort and the litigation process and absence of timely counselling/rehabilitation; accordingly damages for pain, suffering, loss of amenity, future care and loss of earning capacity were ass…

  • 9 Dec 2009

    LAM SHEUNG MOON v. LAU WAI KIN AND ANOTHER

    Citation
    LAM SHEUNG MOON v. LAU WAI KIN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI710/2006

    The applications for a further joint physiotherapists report and a rehabilitation expert report were refused because the existing joint neurologists' reports and the prior physiotherapists' report provided sufficient clinical material for the trial judge to assess future care and needs; there was no compelling medical evidence justifying further expert reports.

  • 8 Feb 2007

    CHEUNG WAI PING v. CHAN YUEN YEE

    Citation
    CHEUNG WAI PING v. CHAN YUEN YEE
    Court
    Court of First Instance
    Case number
    HCPI668/2005

    Judge found defendant negligent for accelerating past an obstructing parked vehicle without being able to see the cycle track mouth and failing to keep a proper lookout; plaintiff was also negligent in emerging into the carriageway where his view was blocked; apportionment two thirds to plaintiff and one third to defendant; damages assessed then reduced by two thirds, producing judgment for HKD 1,178,061.

  • 31 May 2004

    HO HING YUEN v. LEE WAI KAI

    Citation
    HO HING YUEN v. LEE WAI KAI
    Court
    Court of First Instance
    Case number
    HCPI58/2003

    On the found facts the defendant was not negligent: he drove within the speed limit, had headlights on, took the precaution of driving closer to the central refuge to allow space for emerging pedestrians, and the plaintiff ran out suddenly from between vehicles leaving no time for avoidance; there was no duty to continuously sound the horn in the circumstances and the defendant did all a reasonable driver could do, therefore the defendant is not liable.

  • 16 Aug 2002

    LEUNG SIU PING v. MAK SIN YEE AND ANOTHER

    Citation
    LEUNG SIU PING v. MAK SIN YEE AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI831/2000

    The judge accepted the agreed medical findings and the plaintiff’s evidence of mitigation and residual symptoms, awarded agreed general and special damages, accepted plaintiff’s unemployment was not due to failure to mitigate, adopted a $7,000 multiplicand and a multiplier of 6 for future earnings, rejected claims for loss of earning capacity and speculative future chiropractic treatment, and calculated awards accordingly with interest and costs to plaintiff.

  • 13 Jun 2002

    TSOI YAU YA v. CHAN KWOK HUNG AND ANOTHER

    Citation
    TSOI YAU YA v. CHAN KWOK HUNG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI1388/1999

    Court found the 1st defendant not credible on key points and that a reasonably cautious bus driver should have been doing 10–15 kph in the congested bus lane; the 1st defendant was driving at about 20–30 kph, failed to slow sufficiently after claiming priority and was negligent; 2nd defendant vicariously liable; plaintiff held 30% contributorily negligent; damages assessed and adjusted accordingly (net award of HKD 2,980,867), interest and costs ordered as specified.