Hong Kong Case Law: Decisions & Judgments

Topic

Loss of consortium

Legal area

Court

12 Jul 1979

WONG TING AND ANOTHER v. YUEN HING KWAN AND ANOTHER

Citation

WONG TING AND ANOTHER v. YUEN HING KWAN AND ANOTHER
Court

Court of First Instance
Case number

HCA727/1977

Judge held that the primary cause was sudden failure of the brakes due to a leak from a loose bleeding valve; the 2nd defendant (driver) was not liable because he could not have known of the defect, but the 1st defendant (owner) was liable for failing to rebut the prima facie inference of negligent maintenance because proper servicing would likely have revealed the defect.
19 Mar 1979

LUI KWONG KAM v. YEUNG FAT CONSTRUCTION CO (A FIRM) AND ANOTHER

Citation

LUI KWONG KAM v. YEUNG FAT CONSTRUCTION CO (A FIRM) AND ANOTHER
Court

Court of First Instance
Case number

HCA1714/1978

Court found plaintiff entitled to dependency and domestic service losses; established market rate at $1,100 p.m., deceased paid $800 p.m., assessed net loss $400 p.m., applied a multiplier of 6 to award $28,800 under the Fatal Accidents Ordinance, awarded $1,000 for loss of consortium, $4,000 funeral expenses and $10,000 solatium; awarded interest at 4% on funeral from date of accident and 8% on $29,800 from date of service of writ.
5 Jul 1976

PARAM JIT KAUR AND OTHERS v. LEUNG FAT SANG AND OTHERS

Citation

PARAM JIT KAUR AND OTHERS v. LEUNG FAT SANG AND OTHERS
Court

Court of First Instance
Case number

HCPI607/1976

Damages were awarded where injuries and losses were proven and reasonable: general damages fixed according to injury severity and precedents; special damages allowed where specifically proved and the expenditures were reasonable substitutes; loss of enjoyment and a modest loss of consortium award were permitted and quantified; interest ordered at 8% from specified dates.
8 Nov 1969

CHEUNG PUI YUK AND ANOTHER v. TO CHI MING

Citation

CHEUNG PUI YUK AND ANOTHER v. TO CHI MING
Court

Court of First Instance
Case number

HCA778/1968

On the evidence the defendant's negligent driving caused severe head injuries to the 1st plaintiff producing permanent frontal lobe dementia with personality change and loss of smell; agreed special damages were awarded; the court allowed reasonable amah costs (food and wages) from 20 Nov 1965 to 30 Jun 1969 supported by evidence and capitalised loss of services to the 2nd plaintiff; dizziness was not shown on balance to be caused by the accident; total judgment reflected these findings and avoided double recovery by allocating amah service awards to the 2nd plaintiff.

Hong Kong Case Law

WONG TING AND ANOTHER v. YUEN HING KWAN AND ANOTHER

LUI KWONG KAM v. YEUNG FAT CONSTRUCTION CO (A FIRM) AND ANOTHER

PARAM JIT KAUR AND OTHERS v. LEUNG FAT SANG AND OTHERS

CHEUNG PUI YUK AND ANOTHER v. TO CHI MING