Hong Kong Case Law: Decisions & Judgments

Topic

Loss of earnings and future loss

Legal area

Court

28 Nov 2022

LI YIN YUK v. NG CHI FAI AND ANOTHER

Citation

[2022] HKDC 1394
Court

District Court
Case number

DCPI2229/2019

The Court accepted liability but found the S5 fracture healed by April 2017 and that most persistent physical symptoms were attributable to pre-existing degenerative L5/S1 pathology; the Plaintiff suffered PTSD caused by the accident but of mild intensity resolving largely by December 2017; the Plaintiff was an unreliable witness and the joint expert reports (JOR, JPR, JSPR) were preferred; accordingly sick leave was fixed to 1 July 2016–31 December 2017, PSLA fixed at HKD 300000, pre-trial and future losses quantified as set out, no award for loss of earning capacity, special damages agreed…
21 Jul 2014

SO SUP NG v. CHUNG PO MOON CATOLE AND ANOTHER

Citation

SO SUP NG v. CHUNG PO MOON CATOLE AND ANOTHER
Court

Court of First Instance
Case number

HCPI662/2012

On the evidence, particularly the medical report of Dr Lam and comparative authorities, the court awarded PSLA HK$330,000, past pecuniary loss including MPF HK$449,820, special damages HK$29,334, future pecuniary loss including MPF HK$1,020,600 and loss of earning capacity HK$90,000, producing a gross total HK$1,919,754 from which an employees' compensation payment of HK$158,568 was set off, yielding a net award of HK$1,761,186; interest and costs orders were made as specified.
20 Nov 2002

WONG KIN CHUNG MICHAEL v. FENBAN SHIPPING CO. LTD. AND OTHERS

Citation

WONG KIN CHUNG MICHAEL v. FENBAN SHIPPING CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCPI1184/1998

The 3rd defendant, as employer, was negligent for failing to ensure a reasonably safe workplace and to provide a safety helmet; that negligence caused the plaintiff's injuries and the plaintiff is entitled to damages assessed at HKD 1,083,620 after credit for employees' compensation.
20 Mar 2001

LI CHEONG KWOK v. UENG TEH CHI FRANCIS

Citation

LI CHEONG KWOK v. UENG TEH CHI FRANCIS
Court

Court of First Instance
Case number

HCPI1020/1999

The court preferred the defendant's medical evidence on psychiatric diagnosis and severity of impairment in key respects (rejecting PTSD and major depression), found the plaintiff suffers a compensable moderate-to-serious neuropsychological and orthopaedic disability preventing return to pre-accident employment, and quantified damages accordingly: PSLA HK$750,000, future loss of earnings and MPF calculated from assessed reduced earning capacity (HK$4,500/month), multiplier 12, specified future medical and special damages, less 15% contributory negligence and employee compensation set-off; int…

Hong Kong Case Law

LI YIN YUK v. NG CHI FAI AND ANOTHER

SO SUP NG v. CHUNG PO MOON CATOLE AND ANOTHER

WONG KIN CHUNG MICHAEL v. FENBAN SHIPPING CO. LTD. AND OTHERS

LI CHEONG KWOK v. UENG TEH CHI FRANCIS