Hong Kong Case Law: Decisions & Judgments

Topic

Medical evidence evaluation

Legal area

Court

28 Oct 2016

CHENG KA YU v. MARGIN MANAGEMENT LTD

Citation

CHENG KA YU v. MARGIN MANAGEMENT LTD
Court

District Court
Case number

DCEC324/2015

The court, starting afresh as permitted by s18 and relevant authorities, accepted the joint medical opinion that the injury was a mild soft tissue neck injury with no objective findings and maximum medical improvement; surveillance footage corroborated normal activity. On the total evidence the court substituted its own assessment: permanent loss of earning capacity 0.5% and sick leave from 7 March 2013 to 21 March 2014 (379 days), resulting in net compensation HK$56,332.57, interest and costs as ordered.
8 Mar 2013

LAM YIM FONG v. ADVARA INVESTMENT LTD

Citation

LAM YIM FONG v. ADVARA INVESTMENT LTD
Court

District Court
Case number

DCPI2084/2011

On the balance of probabilities the plaintiff sustained a mild head injury causally linked to the accident; the court accepted the plaintiff's primary evidence of immediate employment with Kinying and fixed pre-accident average monthly income at HKD7,938; the appropriate awards were HKD160,000 for PSLA, six months' pre-trial loss of earnings including 5% MPF (rounded to HKD50,000), and a 12-month equivalent award for loss of earning capacity (HKD95,000) based on the court's assessment of impairment and future disadvantage; special damages were allowed in reduced sums where receipts lacked; co…
1 Feb 2006

HUANG CHUNG MOU v. CHAN KENG SHAM AND ANOTHER

Citation

HUANG CHUNG MOU v. CHAN KENG SHAM AND ANOTHER
Court

Court of First Instance
Case number

HCPI459/2004

The court found the 1st defendant negligent for reversing without adequate observation or a signaller and that the plaintiff was not contributorily negligent because he reasonably believed the vehicle would not be moved; therefore damages were awarded to the plaintiff after assessment of medical evidence and corroborating video, with specific sums for PSLA, pecuniary losses and future care.
31 Aug 2004

LEUNG KWOK KEUNG, JOHNAKIN v. LEUNG IU WA

Citation

LEUNG KWOK KEUNG, JOHNAKIN v. LEUNG IU WA
Court

Court of First Instance
Case number

HCPI920/2001

Court found on balance that plaintiff's retrenchment was a consequence of injuries sustained in the accident and that he is unable to return to his pre-accident managerial role but retains capacity for middle management or supervisory employment; applied multipliers (work multiplier 10, whole life multiplier 16), quantified pre- and post-trial losses and benefits, awarded PSLA and future care costs, and reduced total award by 20% in accordance with liability apportionment (defendant liable for 80%).
19 Mar 1998

HKSAR v. Wu Pui Man

Citation

HKSAR v. Wu Pui Man
Court

Court of First Instance
Case number

HCMA1179/1997

The magistrate failed to properly evaluate the appellant's uncontested medical evidence and speculatively attributed injuries to police handling without evidential support, leaving a lingering doubt that warranted quashing the convictions.
23 Apr 1997

WAH KEE SEA LAND TRANSPORTATION LTD. v. LAU WING

Citation

WAH KEE SEA LAND TRANSPORTATION LTD. v. LAU WING
Court

Court of Appeal
Case number

CACV196/1996

The Court of Appeal upheld the trial judge's factual findings and acceptance of the respondent's evidence, concluding that the appellant did not show the judge was plainly wrong on the matters of accident occurrence, causation and credibility; there was no demonstrable bias or deprivation of a fair trial, and therefore the appeal must be dismissed.

Hong Kong Case Law

CHENG KA YU v. MARGIN MANAGEMENT LTD

LAM YIM FONG v. ADVARA INVESTMENT LTD

HUANG CHUNG MOU v. CHAN KENG SHAM AND ANOTHER

LEUNG KWOK KEUNG, JOHNAKIN v. LEUNG IU WA

HKSAR v. Wu Pui Man

WAH KEE SEA LAND TRANSPORTATION LTD. v. LAU WING