Hong Kong Case Law: Decisions & Judgments

Topic

Mpf entitlement

Legal area

Court

11 Aug 2021

CHENG KA PIU v. 黃明光 AND OTHERS

Citation

[2021] HKDC 950
Court

District Court
Case number

DCEC516/2016

The court accepted the Joint Medical Report and its unchallenged conclusions, rejected the plaintiff's case that his skin lesions were caused by the injury for lack of medical evidence, and fixed pre-accident monthly earnings at HK$20,500 based on accepting daily rates but adjusting working days and overtime claims. Applying statutory formulas under ECO and accepted medical impairment findings (8% whole person), the court awarded statutory compensation under s9, s10 and s10A, PSLA HK$400,000, pre-trial and future loss calculated with MPF, and entered judgment against the absent defendant Wong…
3 Oct 2019

TO KA WONG v. WORLD GOLD INTERNATIONAL LTD AND ANOTHER

Citation

[2019] HKDC 1321
Court

District Court
Case number

DCPI1068/2019

Court found the injuries were serious but the plaintiff made a good recovery placing the case at the lower end of the serious category; accepted plaintiff's monthly pre-injury income as HK$19,240 and entitlement to MPF; awarded PSLA HK$600,000, assessed loss of earnings including MPF HK$672,932.40, allowed specified special damages, deducted EC award of HK$273,800 and ordered interest and costs accordingly.
5 Oct 2016

HUSSAIN KAMRAN v. KHAN, AMAR formerly t/a THREE STAR RECYCLING CO (A FIRM) AND ANOTHER

Citation

HUSSAIN KAMRAN v. KHAN, AMAR formerly t/a THREE STAR RECYCLING CO (A FIRM) AND ANOTHER
Court

Court of Appeal
Case number

CACV255/2014

The Court allowed the appeal in part because the Master erred in failing to award a reasonable 1.5 months for job‑search and in refusing MPF on the ground of employer default; re‑assessed post‑accident earning capacity using appropriate comparable occupations (security guard and cleaner), awarded pre‑ and post‑trial losses including MPF, awarded a modest sum for loss of earning capacity, and reallocated costs so both defendants bear costs with the 2nd defendant liable from joinder and to pay appeal costs.
28 Nov 2005

YIP WAI CHUNG v. KWONG LEUNG ENGINEERING CO LTD AND ANOTHER

Citation

YIP WAI CHUNG v. KWONG LEUNG ENGINEERING CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI162/2005

Defendants breached their duty by failing to ensure provision and establishment of a safe working platform despite available materials; plaintiff nonetheless bore 50% contributory negligence for electing to construct and use an unsafe platform, therefore damages are assessed and then reduced by 50%, with credit for prior compensation payments applied to the net award.
6 Feb 2004

YEUNG HING LUN v. HAO TONG TRADING LTD

Citation

YEUNG HING LUN v. HAO TONG TRADING LTD
Court

Court of First Instance
Case number

HCPI132/2003

On the evidence the plaintiff sustained a fractured left femoral neck with residual hip weakness (8% WPI); comparing precedents, applying mitigation for job search, accepting medical opinion on limitations and using a multiplier of 8 for future loss, the court quantified general and special damages and awarded a total of HK$531,879 plus interest and costs.

Hong Kong Case Law

CHENG KA PIU v. 黃明光 AND OTHERS

TO KA WONG v. WORLD GOLD INTERNATIONAL LTD AND ANOTHER

HUSSAIN KAMRAN v. KHAN, AMAR formerly t/a THREE STAR RECYCLING CO (A FIRM) AND ANOTHER

YIP WAI CHUNG v. KWONG LEUNG ENGINEERING CO LTD AND ANOTHER

YEUNG HING LUN v. HAO TONG TRADING LTD