Hong Kong Case Law: Decisions & Judgments

Topic

Past and future loss of earnings

Legal area

Court

28 Oct 2016

LO YUEN CHONG v. IWS ENVIRONMENTAL TECHNOLOGIES LTD (formerly known as FOOK WOO ENVIRONMENTAL TECHNOLOGIES)

Citation

LO YUEN CHONG v. IWS ENVIRONMENTAL TECHNOLOGIES LTD (formerly known as FOOK WOO ENVIRONMENTAL TECHNOLOGIES)
Court

Court of First Instance
Case number

HCPI1070/2014

Master J Wong accepted the joint medical findings that plaintiff achieved maximal medical improvement with residual symptoms but could resume pre-injury sedentary work; found plaintiff resigned voluntarily and not for injury-related reasons; awarded PSLA HKD 300,000 (taking comparable authorities and medical findings into account), accepted defendant's calculation for pre-trial loss (HKD 129,066), declined future loss of earnings, awarded HKD 52,680 for loss of earning capacity (six months' wages), awarded special damages HKD 18,211, set off employee compensation HKD 143,389, ordered interest…
17 Sept 2010

LAU HO MING v. WONG PAK HO

Citation

LAU HO MING v. WONG PAK HO
Court

Court of First Instance
Case number

HCPI254/2009

Master accepted plaintiff's factual and medical evidence, found injuries caused significant but not 'serious' disability to right eye, awarded PSLA at HK$370,000 by comparison with authorities, accepted pre-accident and post-accident earning levels and applied multiplier 9 for future loss giving HK$766,800, awarded HK$29,400 for loss of earning capacity, allowed specified special damages and future medical expenses, deducted the EC Judgment value of HK$164,817, and entered judgment for the plaintiff for a net sum of HK$1,344,533 with specified interest and costs orders.
31 Oct 2008

LI YUET YEE AND OTHERS v. NG CHI HANG

Citation

LI YUET YEE AND OTHERS v. NG CHI HANG
Court

Court of First Instance
Case number

HCPI451/2006

The court accepted the Wife as a credible witness and found her injuries to be in the substantial category; awarded damages for PSLA $800,000, pre-trial loss of earnings and MPF $722,190, post-trial loss of earnings and MPF $2,150,694, specified special damages $26,156, tonic food and loss of property $24,170, and future medical and travel expenses $458,000, totaling $4,181,210; rejected domestic helper and housekeeping claims as recoverable given full compensation for earnings; applied a multiplier of 13 for future loss consistent with authority and fixed interest and costs orders.
15 Sept 2005

PHOON KA WAI v. WONG KA CHUNG AND ANOTHER

Citation

PHOON KA WAI v. WONG KA CHUNG AND ANOTHER
Court

Court of First Instance
Case number

HCPI768/2003

Although the court found instances of exaggeration based on video evidence, the uncontroverted medical evidence established genuine and significant residual physical and psychiatric injury amounting to a serious injury; the claimant was entitled to full compensation for PSLA, past and future economic losses and certain special damages, but future private medical costs were limited given public sector alternatives; interim payment was deducted and interest and costs awarded.
25 Apr 2005

LAU KWAI KWONG v. YIU WING CONSTRUCTION CO LTD AND ANOTHER

Citation

LAU KWAI KWONG v. YIU WING CONSTRUCTION CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI269/2004

On the evidence of injury, impairment and earnings loss the court awarded PSLA $200,000, proved past losses and specials, applied accepted multipliers and calculations for future loss and loss of earning capacity, and declined future surgical costs because the claimant elected not to undergo the surgery; interest awarded as stated and costs to plaintiff.
16 Jun 2000

WAN MAN KIT v. POON CHI MAN

Citation

WAN MAN KIT v. POON CHI MAN
Court

Court of First Instance
Case number

HCPI393/1999

Liability having been entered by consent, the court accepted expert evidence (particularly Dr Yeung) that the plaintiff is in revascularization phase and that avascular necrosis is not likely to be a material problem but that progressive joint deterioration is probable such that one total hip replacement and one revisional operation are likely; on that basis the court quantified damages under heads (PSLA $700,000; past loss $145,565; future loss $118,848; cost of future operations/care and loss during convalescence $382,732; loss of earning capacity $369,000; special damages and tonic food $3…
26 Sept 1997

CHOI WING CHAI v. LI BING t/a SHUN LEE BUILDING MATERIALS CO.

Citation

CHOI WING CHAI v. LI BING t/a SHUN LEE BUILDING MATERIALS CO.
Court

Court of First Instance
Case number

HCPI30/1996

The defendant, as occupier, breached the duty of care by failing to guard or warn of a hidden hole in the cock loft; causation of the plaintiff's injuries is established and damages are awarded in the specified sums with interest and costs to the plaintiff.
20 Mar 1997

CHOI MEI HO v. CHUNG CHIU YING t/a KIN KEE and Others

Citation

CHOI MEI HO v. CHUNG CHIU YING t/a KIN KEE and Others
Court

Court of First Instance
Case number

HCPI784/1995

The 3rd Defendant was the principal contractor, occupier and employer of the Plaintiff at the material time and, having failed to provide safe working platforms, safety belts and to comply with Construction Sites (Safety) Regulations, breached statutory and common law duties and was negligent; the Plaintiff was not contributorily negligent; damages assessed and judgment entered for the Plaintiff, netting HK$7,104,374 against the 3rd Defendant.
13 Jun 1986

LAI YUN TAI v. CHAN KIN HONG AND ANOTHER

Citation

LAI YUN TAI v. CHAN KIN HONG AND ANOTHER
Court

Court of First Instance
Case number

HCA5474/1985

Court accepted plaintiff's medical and testimonial evidence, placed injury at lower end of serious injury range, applied the multiplier-multiplicand method for future earnings (multiplier 15, multiplicand difference HKD 1,300 per month), allowed specified special damages and dental costs, awarded interest at specified rates on categories as stated and ordered defendants to pay costs of assessment.