Hong Kong Case Law

張小嫺 對 九龍巴士（一九三三）有限公司

Court

Court of First Instance

Case number

HCPI43/2022

Court accepted the single joint expert opinions that the plaintiff's ocular injury caused a limited permanent impairment (1% whole person) and that her psychiatric condition was pre-existing and not caused or materially worsened by the accident; plaintiff failed to prove pre-accident employment or loss of earnings and many special damages lacked receipts or evidential foundation; accordingly PSLA was assessed at HKD150,000 and special damages at HKD15,000, total HKD165,000, with interest and costs orders as specified.

Source excerpt

• Damages assessment
• Medical expert evidence
• Psychiatric evidence
• Single joint expert
• Loss of earnings
• Special damages

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TSE PO CHUEN 對 ST. JOHANNES COLLEGE LTD trading as ST. JOHANNES COLLEGE

Court

District Court

Case number

DCEC1416/2021

Court found applicant not a credible witness, rejected the alleged oral agreement and accepted employer payroll evidence and expert medical opinion; therefore applicant's monthly wage fixed at HK$14,012.56 (with agreed increase to HK$15,400 from 1 Aug 2019), Form 9 re-assessment was not overturned, loss of earning capacity fixed at 6% (4% orthopaedic + 2% psychiatric), incapacity period fixed at 24 months, and net award calculated at HK$49,086 plus interest with costs in favour of applicant.

Source excerpt

• Compensation assessment
• Determination of wage
• Medical expert evidence
• Credibility of witness
• Appeal against form 9 assessment
• Interest and costs

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WANG QINGYUAN 對 WHAMPOA PROPERTY MANAGEMENT LTD及另一人

Court

District Court

Case number

DCPI2282/2019

On assessment of all evidence and contemporaneous documents, the plaintiff's accounts were materially inconsistent and implausible, defendants' witnesses were credible, medical and other records indicated exaggeration; on the balance of probabilities the accident as pleaded did not occur and the plaintiff failed to prove liability; claim dismissed.

Source excerpt

• Negligence
• Res ipsa loquitur
• Causation
• Witness credibility and consistency
• Assessment of damages
• Medical expert evidence

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HUANG YUNLIAN 對 XUN YAO CONSTRUCTION LTD及另一人

Court

Court of First Instance

Case number

HCPI51/2021

The Court accepted the defendants' orthopaedic expert evidence and the district court's findings, found the plaintiff's evidence not credible and that the accident caused mainly soft tissue injury with pre-existing degenerative changes not attributable to the accident; reasonable sick leave was four months, no established permanent loss of earning capacity or psychiatric/psychosomatic injury without medical evidence, and therefore awarded modest PSLA and specified heads of damages totaling HKD187,730, deducted prior payments and ordered defendants to pay the net sum of HKD41,786 with specifie…

Source excerpt

• Damages assessment
• Res judicata / issue estoppel
• Medical expert evidence
• Credibility findings
• Loss of earnings
• Interest and costs

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WONG SUET FONG 對 CHEONG WAH CONSTRUCTION COMPANY LTD

Court

District Court

Case number

DCEC2550/2020

Court found on the balance of probabilities that the claimant suffered a work accident on 22 August 2020 while engaged by the respondent; respondent's speculative alternative explanations did not amount to contrary evidence under s5(4)(a). The court dismissed the claimant's appeals against the Board's Form 9 assessments because the claimant failed to discharge the burden of proof to show the Board's 1.5% permanent loss rating or the assessed period of incapacity were incorrect. The court adjusted the claimant's proven average monthly earnings to HK$13,018.9 and, applying CPI adjustment, HK$13…

Source excerpt

• Employer liability
• Compensation assessment
• Medical expert evidence
• Calculation of earnings
• Mckenzie friend

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YUM SIU WAH v. WONG CHI SHING

Court

Court of Appeal

Case number

CACV330/2021

The Court of Appeal increased damages in a personal injuries appeal, holding the trial judge undervalued pre-accident earnings and revising the principal sum.

• Loss of earnings
• Loss of earning capacity
• Assessment of damages
• Multiplier/multiplicand methodology
• Medical expert evidence
• Appeal on quantum

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NASEEM-ABBAS AND ANOTHER v. RISING AERIAL PLATFORM COMPANY LTD AND OTHERS

Court

Court of First Instance

Case number

HCPI400/2019

The court assessed damages for two injured scaffolders after a scaffold collapse, accepting their evidence and awarding pre-trial and future loss of earnings, plus loss of earning capacity for P1.

• Damages assessment
• Loss of earnings
• Loss of earning capacity
• Causation
• Medical expert evidence
• Personal-injury-damages

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HKSAR v. LI CHEUNG CHOI

Court

Court of Appeal

Case number

CACC210/2018

The Court of Appeal granted an out-of-time certificate on one hearsay/medical evidence question, but refused certification on a suicide-pact interpretation issue.

• Hearsay
• Medical expert evidence
• Diminished responsibility
• Suicide pact (s.5 homicide ordinance)
• Certificate to appeal
• Delay/out of time applications

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CHEUNG SAU CHU ROSANNA v. 魯珉軒 AND OTHERS

Court

Court of First Instance

Case number

HCPI497/2020

The court dismissed a late appeal from case-management directions, refused extension of time, and upheld an unless order debarment for non-compliance.

• Extension of time for appeal
• Unless order and sanction
• Case management directions
• Medical expert evidence
• Delay in summoning emergency medical care
• Extension-of-time

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HUNG SHING KEUNG 對 梁潤生 t/a 興旺搬屋公司

Court

District Court

Case number

DCEC2233/2021

On the evidence, the applicant was an employee at the time of the accident (respondent's own filings and admissions and indicia of control and payment); respondent failed to prove deliberate self-harm or serious and wilful misconduct; applicant's daily wage accepted at HK$1,100 and monthly working days fixed at 26 (statistical average) giving monthly income HK$28,600; orthopaedic expert unchallenged assessed permanent loss of earning capacity at 3%; applying statutory formulas yields awards of HK$61,776 (s9), HK$296,677.33 (s10) and HK$1,024 (s10A) less HK$1,000 already paid, total HK$358,477…

Source excerpt

• Employee status
• Wilful misconduct/self-harm
• Compensation quantum
• Medical expert evidence
• Section 18 appeal

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