Hong Kong Case Law: Decisions & Judgments

Topic

Interest and set-off

Legal area

Court

21 Aug 2017

RAI RAJ KUMAR v. PACIFIC CROWN SECURITY SERVICES LTD AND OTHERS

Citation

RAI RAJ KUMAR v. PACIFIC CROWN SECURITY SERVICES LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI312/2016

The court accepted the joint expert medical findings that plaintiff sustained objective right elbow and shoulder injuries causing reduced range of motion and limiting heavy manual work; surveillance did not displace that finding. As plaintiff could not return to pre-injury supervisory manual work but could perform less manual duties (security guard), the court awarded PSLA of HK$380,000, calculated pre-trial and future loss of earnings and MPF using an adjusted monthly multiplicand and Chan multiplier (retirement age 60, multiplier 11.65), deducted the ECC payment, awarded interest as specifi…
22 Jul 2010

HANG SENG BANK LTD v. TSANG CHIU WA AND ANOTHER

Citation

HANG SENG BANK LTD v. TSANG CHIU WA AND ANOTHER
Court

District Court
Case number

DCCJ3365/2008

The court held the statutory exemption of banks from parts of the Money Lenders Ordinance does not violate Article 25 Basic Law or Article 22 Bill of Rights because the differential treatment pursues legitimate aims (protecting financial stability and the linked exchange rate and avoiding undue restriction on banking operations), is rationally connected to those aims and is no more than necessary given the banks' regulatory framework; accordingly there was no arguable defence and summary judgment was warranted for the plaintiff with interest and costs.
22 Feb 2006

PUN LAI LING AND ANOTHER v. HONG KONG MASTER INTERNATIONAL LTD

Citation

PUN LAI LING AND ANOTHER v. HONG KONG MASTER INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCPI53/2005

Interlocutory judgment in default of defence entitled plaintiffs to damages; court accepted plaintiff's dependency figures and multipliers (deceased 15, daughter 10, son 13), awarded pre-trial and post-trial dependency sums accordingly, awarded lump sum for loss of accumulation (HK$250,000), statutory bereavement award (HK$150,000) and funeral expenses (HK$17,000), ordered interest as specified, deducted prior payment of HK$30,000 and ordered children's awards paid into court and invested with specified monthly disbursements.
28 Oct 2005

WONG KWOK WA v. HUNG TIN SUN AND OTHERS

Citation

WONG KWOK WA v. HUNG TIN SUN AND OTHERS
Court

Court of First Instance
Case number

HCPI1153/2004

Both Chan and Hung were negligent for following too closely; Chan was principally responsible for swerving and was apportioned 60% liability (with vicarious liability on Lee Wa), Hung 40% (with vicarious liability on Ho); plaintiff was contributorily negligent at 30%; damages were quantified (PSLA, past and future loss of earnings, MPF loss, loss of earning capacity, special damages and interest), reduced by 30% and a credit allowed for employees' compensation received; judgment entered for plaintiff for net sum after set-off and with interest and costs directions.
17 Mar 2004

WONG WING SUN v. CHAN MAN KIN

Citation

WONG WING SUN v. CHAN MAN KIN
Court

Court of First Instance
Case number

HCPI902/2002

Master accepted the treating hospital's 9.7 months sick leave, discounted some aspects due to defaulting follow-up and surveillance evidence, awarded PSLA $220,000 as appropriate for the non-serious but materially impairing injuries, calculated pre-trial and future losses using accepted earnings figures and chosen multipliers (16 for full-time future loss, 11 for part-time), awarded MPF losses at 5% on quantified earnings, awarded $50,000 for loss of earning capacity, and ordered judgment for the aggregate sum subject to interest and set-off of interim payment.
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.
11 Oct 1988

MAK CHUN TO v. OCEAN PLASTIC FACTORY

Citation

MAK CHUN TO v. OCEAN PLASTIC FACTORY
Court

Court of First Instance
Case number

HCA1183/1986

Master accepted medical evidence and assessed whole-person impairment at 50%, found significant aggravation from prolonged treatment and cosmetic disfigurement, awarded general damages $220,000, pre-trial loss $401,396.34, future loss $993,972 using multiplier 14, special damages $13,791.90, granted interest at specified rates and credit for Employees' Compensation receipts of $271,000, and awarded costs to plaintiff.

Hong Kong Case Law

RAI RAJ KUMAR v. PACIFIC CROWN SECURITY SERVICES LTD AND OTHERS

HANG SENG BANK LTD v. TSANG CHIU WA AND ANOTHER

PUN LAI LING AND ANOTHER v. HONG KONG MASTER INTERNATIONAL LTD

WONG KWOK WA v. HUNG TIN SUN AND OTHERS

WONG WING SUN v. CHAN MAN KIN

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

MAK CHUN TO v. OCEAN PLASTIC FACTORY