Hong Kong Case Law: Decisions & Judgments

Topic

Liability and quantum

Legal area

Court

5 May 2021

YIP KAM CHUN v. WELLGAIN INTERNATIONAL INDUSTRIAL LTD

Citation

[2021] HKDC 503
Court

District Court
Case number

DCEC1069/2017

On the balance of probabilities the Applicant fell from his office swivel chair at work and sustained contusion and sprain injuries; the respondent failed to prove the accident was contrived or a deliberate self-injury; pre-existing degenerative conditions do not require apportionment; reasonable temporary incapacity was limited to about six months and permanent loss of earning capacity assessed at 2.5%, entitling the Applicant to statutory compensation under s9, s10 and s10A.
27 Nov 2006

昆明預應力制管廠 v. TRUE STAND INVESTMENTS LTD AND ANOTHER

Citation

昆明預應力制管廠 v. TRUE STAND INVESTMENTS LTD AND ANOTHER
Court

Court of First Instance
Case number

HCCT67/2005

The application to set aside the ex parte order and judgment was dismissed because none of the respondent's grounds fell within the limited statutory grounds in section 40E: the name variance did not defeat the arbitration agreement as the tribunal was the authorised body intended by the parties; non-possession or non-disclosure of documents did not render the respondent unable to present its case; public policy and fraud exceptions were not engaged; and merits issues (liability and quantum) cannot be re-opened on enforcement. Consequently the Mainland award stands and is enforceable against…
4 Jan 2002

CHOW SANG SANG JEWELLERY CO. LTD. v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS

Citation

CHOW SANG SANG JEWELLERY CO. LTD. v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA9571/1997

The court refused the plaintiffs' application to try a preliminary issue on the cause and seat of the fire because it would not be determinative of liability, would not produce substantial savings of time or costs, would likely require witnesses to give evidence twice, and could lead to delay through appeals; the court did order a split trial between issues of liability and quantum as being just and convenient.

Hong Kong Case Law

YIP KAM CHUN v. WELLGAIN INTERNATIONAL INDUSTRIAL LTD

昆明預應力制管廠 v. TRUE STAND INVESTMENTS LTD AND ANOTHER

CHOW SANG SANG JEWELLERY CO. LTD. v. RYODEN LIFT AND ESCALATOR CO. LTD. AND OTHERS