Hong Kong Case Law: Decisions & Judgments

Topic

Motor vehicle collision

Legal area

Court

21 Dec 2021

NAM YIU KEUNG v. WONG WAI CHUEN

Citation

[2021] HKDC 1522
Court

District Court
Case number

DCPI2298/2019

The court found the claimant not a credible and reliable witness, accepted the defendant's medical evidence that the collision was low-speed and produced only minor soft-tissue injuries with pre-existing degenerative pathology explaining ongoing symptoms, rejected the PTSD diagnosis and many subjective complaints as exaggerated, assessed appropriate periods of sick leave and loss, awarded PSLA and pecuniary items at reduced levels, applied the agreed employer compensation set-off of HK$824,916.65 and thereby found no net payable damages; costs and interest reserved.
23 Oct 2014

LI TAT CHUEN v. YIP WING CHUEN JACKY AND OTHERS

Citation

LI TAT CHUEN v. YIP WING CHUEN JACKY AND OTHERS
Court

Court of First Instance
Case number

HCPI581/2011

Liability having been conceded, the court accepted the orthopaedic joint diagnosis of a neck sprain with mild pre-existing cervical spondylosis but found the plaintiff exaggerated and partially feigned symptoms (supported by surveillance and inconsistent testimony). The pre-existing condition was mild and uncertain to become symptomatic and therefore was not apportioned. Damages were assessed on the basis that the plaintiff would have recovered within nine months: PSLA $175,000; pre-trial loss (nine months) $135,000; other proved special damages $47,353; future loss and future medical expense…
1 Feb 2001

CHAN AH KAU v. NG TIN TAI

Citation

CHAN AH KAU v. NG TIN TAI
Court

Court of First Instance
Case number

HCPI33/2000

Defendant was negligent in causing the collision (convicted for reckless driving and gave no evidence to disprove negligence); plaintiff was contributorily negligent at 20% because he was intoxicated and ought to have realised the risk of being driven by the defendant; damages were assessed for multiple heads with some claims disallowed or limited and total award reduced by 20% producing judgment for plaintiff of HKD 2,740,120.00 plus interest and costs.

Hong Kong Case Law

NAM YIU KEUNG v. WONG WAI CHUEN

LI TAT CHUEN v. YIP WING CHUEN JACKY AND OTHERS

CHAN AH KAU v. NG TIN TAI