Hong Kong Case Law: Decisions & Judgments

Topic

Future care costs

Legal area

Court

15 Nov 2019

XIA YUNBIAO 對 KONG PO CHOY t/a SUN KONG DECORATION CO

Citation

[2019] HKCFI 2775
Court

Court of First Instance
Case number

HCPI818/2017

Liability having been previously determined, the court accepted the plaintiff's medical evidence and credibility, quantified general damages at HKD 400,000, assessed past and future earnings and MPF losses using the agreed methodology and multipliers (including a three-month reasonable job search period post-sick leave and a multiplier of 9.40 for future loss), allowed future medical costs and special damages as claimed, refused a separate award for loss of earning capacity given the calculation of full future earnings loss, and ordered deduction of the prior employee compensation award of HK…
3 May 2019

NG TAT KUEN v. TAM CHE FU AND OTHERS

Citation

[2019] HKCFI 1191
Court

Court of First Instance
Case number

HCPI896/2013

Judge accepted plaintiff's evidence, adopted agreed multipliers from the Chan Tables, awarded items of special and future damages largely as claimed or as agreed with the 4th defendant, applied rental-differential method for alternative accommodation (median rent $15,000) rather than purchase/Roberts v Johnstone approach given facts and agreed position, and entered final judgment against the 1st and 2nd defendants for $10,587,000 net of employees' compensation and inclusive of interest, with specific costs orders.
25 Nov 2013

KWOK HOI WAN IRENE ALSO KNOWN AS GUO HAIYUN SUING BY HER HUSBAND AND NEXT FRIEND CHENG YUK CHING v. THE HOSPITAL AUTHORITY

Citation

KWOK HOI WAN IRENE ALSO KNOWN AS GUO HAIYUN SUING BY HER HUSBAND AND NEXT FRIEND CHENG YUK CHING v. THE HOSPITAL AUTHORITY
Court

Court of First Instance
Case number

HCPI261/2011

Master accepted plaintiff as at lower end of MCS with poor prospect of recovery, awarded PSLA $2,500,000, accepted CPI/comparator arguments in part but rejected full uplift and speculative salary increases, adopted discount rate 2.5% with multiplier 17.55 for future earnings and 12 for life expectancy-based future care costs, rejected claim for salt injections as unreasonable and unnecessary, quantified and allowed specific past and future heads resulting in judgment for $11,487,803.31 with specified interest and costs orders.
20 Apr 2004

YUEN PAK CHEONG v. CHAN KA LEUNG

Citation

YUEN PAK CHEONG v. CHAN KA LEUNG
Court

Court of First Instance
Case number

HCPI254/2003

The court found on the balance of the medical evidence together with contemporaneous surveillance footage and the plaintiff's court demeanour that the plaintiff retained full free movement of neck, shoulders and upper limbs with only slight residual pain, was capable of returning to his pre-accident employment, but suffered a serious injury meriting general damages at the lower end of the serious injury band; applying accepted multiplier methodology and allowances the court awarded PSLA of HK$400,000 and total damages of HK$961,098.81 with specified interest and costs orders.
1 Aug 2003

FUNG KWOK KI v. WING SANG CONSTRUCTION CO LTD AND OTHERS

Citation

FUNG KWOK KI v. WING SANG CONSTRUCTION CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI757/2002

The court accepted the uncontested investigative findings and the 2nd defendant's admitted role as hoist subcontractor and found the 2nd defendant negligent for failing to ensure the hoist platform and hoistway were properly enclosed, thereby causing the plaintiff's catastrophic injuries; damages were assessed in detail using adopted multiplicands and multipliers and interest applied as specified, resulting in a joint and several judgment against the 1st and 2nd defendants for HK$10,349,747.00.
3 May 2002

LI XIAO YOU v. FUGRO GEOTECHNICAL SERVICES (HK) LTD & OTHERS

Citation

LI XIAO YOU v. FUGRO GEOTECHNICAL SERVICES (HK) LTD & OTHERS
Court

Court of First Instance
Case number

HCPI1287/1999

The court accepted the parties' agreed and evidenced items and multipliers as reasonable in the circumstances and on authority, awarded the specific heads of damages accordingly, applied the agreed interest rates, and deducted Employees' Compensation and interim payments to arrive at a net judgment of $4,675,300 in favour of the plaintiff, with costs.
7 Jan 2002

CHAN YUET LUI REBECCA v. THE RITZ-CARLTON LTD. AND OTHERS

Citation

CHAN YUET LUI REBECCA v. THE RITZ-CARLTON LTD. AND OTHERS
Court

Court of First Instance
Case number

HCPI658/2000

Liability having been determined, the court quantified damages by applying accepted personal injury multiplier methodology, rejecting optimistic but speculative career-qualification prospects (finding chance of becoming a chartered accountant insignificant), selecting multipliers of 16 for future earnings and 20 for many future expense heads, awarding specified sums for general damages, past and future losses, future care and accommodation, allowing certain contested items (including electric wheelchair and domestic helper), deducting a modest notional future accommodation contribution, and a…
17 Sept 2001

LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

Citation

LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS
Court

Court of First Instance
Case number

HCPI828/1997

Court accepted plaintiff's evidence of complete paraplegia and psychiatric injury and awarded total damages of HKD16,784,345.25 inclusive of interest. The court applied the multiplicand/multiplier approach (generally multiplier 17), reduced the multiplier to 14 for certain items (hospital bed and hoist), disallowed the washing/drying machine claim, accepted the median method for assessing the husband's pre‑trial loss (using replacement salary and pre‑accident salary) awarding HKD2,192,898, and assessed future accommodation by rental differential with a discounted multiplier of 14. Interest wa…