Hong Kong Case Law: Decisions & Judgments

Topic

Non-pecuniary damages

Legal area

Court

18 Jul 2024

LEE LING LING LILIAN v. THE PERSONAL REPRESENTATIVE OF WONG SIU YING ANNE, DECEASED

Citation

[2024] HKDC 1152
Court

District Court
Case number

DCCJ3611/2020

The court accepted the plaintiff's uncontested evidence and the Joint Office nuisance notice identifying the defendant's bathroom as the source of the seepage; excluded an expert report for lack of leave; assessed recoverable heads by reference to documented quotations and reasonable estimates: repair costs awarded on the produced contractor quotation, cleaning and electrician accepted as reasonable, hotel accommodation awarded based on contemporaneous online rate produced, and a conventional sum awarded for prolonged non-pecuniary harm. Therefore damages for nuisance were awarded to the plai…
16 Nov 2001

WONG CHIU WA v. NG YUK CHUN

Citation

WONG CHIU WA v. NG YUK CHUN
Court

Court of First Instance
Case number

HCPI258/1999

Judge found, on assessment of credibility, the plaintiff was malingering; accepted defence psychiatric evidence (Dr Singer) over plaintiff's expert (Dr Yu); concluded injury was a minor low back contusion only; awarded $30,000 for pain, suffering and loss of amenities; dismissed claims for past and future loss of earnings, loss of earning capacity, loss of housekeeping capacity and future medical costs; awarded costs of the assessment to the plaintiff and interest at 2% p.a. from writ to date.
18 Jul 2000

DR ANDREW KEE-SUAN KOH v. DR VINCENT KAY-LO IP

Citation

DR ANDREW KEE-SUAN KOH v. DR VINCENT KAY-LO IP
Court

Court of Appeal
Case number

CACV75/2000

The Court upheld the trial judge's findings of fraudulent misrepresentation except for one unsupported inference, applied the Smith New Court measure to compute damages by comparing the plaintiff's actual position to the position had he stayed in Australia, allowed special damages for relocation, forced sale, management expenses and the $300,000 payment, reduced the consequential lost earnings award to reflect earnings had he remained in Australia (substituting $329,000 for $658,622.60), upheld a modest award for non-pecuniary injury and the order for indemnity costs, and awarded two-thirds o…

Hong Kong Case Law

LEE LING LING LILIAN v. THE PERSONAL REPRESENTATIVE OF WONG SIU YING ANNE, DECEASED

WONG CHIU WA v. NG YUK CHUN

DR ANDREW KEE-SUAN KOH v. DR VINCENT KAY-LO IP