Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Mental distress compensation

Legal area

Court

21 Jul 2022

吳隨有訴律政司司長

Citation

[2022] HKSCT 3
Court

Small Claims Tribunal
Case number

SCTC20434/2020

Applicants failed to discharge the evidential burden to prove the value of their losses or any mental distress. The tribunal correctly refused to treat a post-judgment invoice as proof and properly exercised its limited investigatory duty under s16(3). The award of HKD100 as symbolic damages was lawful and will not be disturbed.
21 Jul 2022

陳志榮訴律政司司長

Citation

[2022] HKSCT 3
Court

Small Claims Tribunal
Case number

SCTC37602/2020

Review dismissed: tribunal correctly required claimants to produce credible evidence of loss and was entitled to fix symbolic damages at HK$100 where no reliable evidence supported a higher award; s16(3) does not oblige the tribunal to inquire into unpleaded or unsupported allegations of mental distress, so no award for mental distress was required.