Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Permanent disability

  • 16 Dec 2021

    B K ANIL KUMAR v. J V FITNESS LTD (TRADING AS CALIFORNIA FITNESS)

    Citation
    [2022] HKCFI 946
    Court
    Court of First Instance
    Case number
    HCPI311/2015

    The plaintiff's credibility was substantially discounted due to omissions, inconsistencies and late disclosure of resumed work supported by surveillance; contemporaneous medical records and expert evidence (preferencing Dr Yip) indicated milder injuries than alleged and no established causal link between the accident and left ear otosclerosis; a reasonable sick leave period was capped at five months; accordingly damages were assessed substantially below plaintiff's claims: PSLA HKD150,000, pre-trial loss HKD25,718, special damages HKD9,714, total HKD185,432, with interest and costs orders as…

  • 24 Oct 2008

    RAZAQ-AKHTAR v. WANG HOI TRANSPORTATION LTD

    Citation
    RAZAQ-AKHTAR v. WANG HOI TRANSPORTATION LTD
    Court
    Court of First Instance
    Case number
    HCPI303/2007

    Defendant defaulted; plaintiff's factual and medical evidence was unchallenged and credible; applying comparator authorities the court awarded HK$280,000 for pain and suffering and loss of amenity, accepted the plaintiff's earnings figures and employment history to calculate pre-trial loss of HK$236,460, applied a multiplier of 13 to the established annual shortfall for future loss yielding HK$819,000, awarded HK$80,000 for loss of earning capacity and HK$6,000 for special damages, ordered interest and costs as set out in the judgment.

  • 12 Feb 1990

    CHUI PO HING AND ANOTHER v. LO SUEN

    Citation
    CHUI PO HING AND ANOTHER v. LO SUEN
    Court
    Court of First Instance
    Case number
    HCA1434/1988

    Court held that a single comprehensive award for pain, suffering and loss of amenities is the proper approach rather than a separate cosmetic award; applying relevant authorities and comparable cases the court awarded $240,000 for general damages and $432,000 for loss of future earnings (multiplier 6 at $6,000/month), declined an award for loss of earning capacity, awarded specified past losses and assessed total damages at $712,955; interest and costs reserved for further hearing.

  • 13 Sept 1989

    WONG HUNG FAN v. TSE HON SHING

    Citation
    WONG HUNG FAN v. TSE HON SHING
    Court
    Court of First Instance
    Case number
    HCA7480/1988

    The court awarded damages for pain, suffering and loss of amenities at HK$175,000 based on the nature and permanence of injuries (head injury with vestibular damage and hearing loss, scarring and restricted movement), calculated pre-trial and future loss of earnings using assessed pre- and post-accident monthly figures and a multiplier of 12 for future loss (multiplicand/multiplier method), refused a separate award for loss of earning capacity because the plaintiff's present employment and employer accommodation negated a material risk of future financial loss, allowed agreed special damages…

  • 3 Feb 1987

    CHAN KAN FAT v. DICKSON CONSTRUCTION CO LTD

    Citation
    CHAN KAN FAT v. DICKSON CONSTRUCTION CO LTD
    Court
    District Court
    Case number
    DCEC80/1984

    The applicant failed to prove on the balance of probabilities that he suffers a permanent mental disability causally attributable to the 17 June 1982 accident; the judge accepted the respondent expert opinion that no formal psychiatric illness was established and that malingering was a possible diagnosis, therefore no further compensation beyond amounts already paid under s.10 Cap.282 is payable.

  • 27 Aug 1986

    LI SOO YEE v. HO TAK CHEUNG AND OTHERS

    Citation
    LI SOO YEE v. HO TAK CHEUNG AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA11720/1982

    Master held that plaintiff was entitled to a global award for damages totalling HKD 419,000 based on accepted medical evidence and credibility of plaintiff's testimony: HKD 160,000 for pain, suffering and loss of amenities, a separate HKD 100,000 for permanent cosmetic impairment, HKD 40,000 special damages agreed, HKD 40,000 for loss of earning capacity, HKD 14,000 for future physiotherapy, HKD 20,000 for future nasal operations, and HKD 45,000 for future travelling; interest at 2% awarded on general damages from date of writ; costs to plaintiff taxed under Legal Aid regulations.

  • 5 Feb 1985

    LUM WOON SUN AND ANOTHER v. LAU KIN SING AND OTHERS

    Citation
    LUM WOON SUN AND ANOTHER v. LAU KIN SING AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA7448/1981

    Court accepted uncontradicted medical evidence and plaintiffs' schedules, accepted disability assessments (18% for P1; combined limb and mental disability near 80% for P2 but assessed by observation as upper end of serious injury plus mental disability), applied appropriate multipliers/capitalisation (P1 multiplier effectively adopted for future loss; P2 multiplier reduced to 5), awarded general damages of $100,000 (P1) and $200,000 (P2) together with specified past and future losses and interest at 6% on past losses.

  • 25 Nov 1976

    CHUI FAI v. CHAN YUE HING AND ANOTHER

    Citation
    CHUI FAI v. CHAN YUE HING AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI863/1976

    The Registrar held that damages should be quantified where evidence permits, applied a quantified approach to general damages ($120,000 for pain, suffering and loss of amenities) and to loss of earnings ($70,000 based on a continuing monthly loss of $800 and multiplier 7), deducted workmen's compensation already paid ($62,693.89) to reach a net award, and ordered special damages and interest; global lump sum was rejected because adequate evidence existed to quantify losses.

  • 28 Jun 1976

    CHU SHUN KWOK v. LEE SAU KING

    Citation
    CHU SHUN KWOK v. LEE SAU KING
    Court
    Court of First Instance
    Case number
    HCA572/1976

    With liability admitted, the judge accepted the pleaded and evidential losses: special damages were assessed at $14,789; the court rejected the defendant's $750 deduction because employer's re-employment commenced 1 March 1976; general damages of $30,000 were awarded for pain and suffering and loss of amenities; annual future earnings loss of $9,000 (difference between pre- and post-accident salary) was multiplied by 12 given the plaintiff's age, degree of disability and vicissitudes, yielding $108,000 for future earnings loss; total judgment sum $152,789 with costs and specified interest rat…

  • 30 Nov 1971

    RICHARD T\'SING AND ANOTHER v. WONG PUI AND ANOTHER

    Citation
    RICHARD T\'SING AND ANOTHER v. WONG PUI AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA1237/1971

    The court allowed proven and reasonable medical fees and employment costs for a servant as special damages, disallowed unproven private food expenses, and fixed quantum for general damages: husband $3,000 and wife $45,000, with total special damages $14,424; costs of the application were awarded to the plaintiffs.