Hong Kong Case Law: Decisions & Judgments

Topic

Pre-trial and future loss of earnings

Legal area

Court

26 May 2017

WONG KAI FUN v. SUN ON LOGISTICS LTD AND ANOTHER

Citation

WONG KAI FUN v. SUN ON LOGISTICS LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI196/2015

In absence of contrary expert evidence from defendants, the Master accepted the plaintiff's medical experts and medical records, rejected unproven salary increase assertions, adopted specific notional incomes (pre-accident $28,086; notional post-injury $10,897), applied Personal Injury Tables multiplier (11.52) with net return 2.5% to compute future losses, awarded PSLA $480,000 and other heads as quantified, granted costs against both defendants and made a wasted costs order nisi against the plaintiff's solicitors.
22 May 2009

LO WAI YIN v. LI CHUN KOU

Citation

LO WAI YIN v. LI CHUN KOU
Court

Court of First Instance
Case number

HCPI26/2006

Court held that private orthopaedic, physiotherapy and psychiatric treatments and the private removal operation were reasonably incurred and causally related to the accident and awarded those costs; found psychiatric injury largely caused by the accident and refused apportionment; declined separate award for future cosmetic surgery for lack of sufficient evidence and likelihood; assessed pre-accident earnings at HK$10,000 per month for loss calculations; awarded total damages HK$1,138,287.70 plus specified interest and costs order nisi with specified disallowances.
3 Jul 2006

SO SHU KEUNG SAMMY v. TAM TAK FONG AND ANOTHER

Citation

SO SHU KEUNG SAMMY v. TAM TAK FONG AND ANOTHER
Court

Court of First Instance
Case number

HCPI575/2004

Court accepted defendants' medical and objective evidence, included regular double pay in average salary to HK$15,240, rejected plaintiff's claim for long-term loss of income but awarded loss of earning capacity equivalent to nine months' salary (HK$137,340), awarded agreed PSLA HK$350,000, various agreed/specified pecuniary items and wife’s loss for caregiving, deducted HK$154,178 received in related DCEC action, resulting in net award HK$441,137; costs to follow event on District Court scale.
9 Nov 2005

TANG WING PUI v. HO PUI LING t/a WING HING MEAT CO (PORK DEPT)

Citation

TANG WING PUI v. HO PUI LING t/a WING HING MEAT CO (PORK DEPT)
Court

Court of First Instance
Case number

HCPI364/2001

Madam Ho retained sufficient control over the common entrance (a common area) and therefore was an occupier who owed the statutory common duty of care to visitors; she failed to take reasonable care to keep the entrance safe (spillage from ice) and is liable in negligence; plaintiff was not contributorily negligent; damages awarded as calculated.
20 Oct 2005

MUNG YEE KI v. CHUNG NING

Citation

MUNG YEE KI v. CHUNG NING
Court

Court of First Instance
Case number

HCPI1223/2003

Court accepted plaintiff medical evidence over defendant on key points and awarded damages based on findings: PSLA $1,000,000; no pre-trial earnings award; future loss of earnings awarded as a global lump sum $1,500,000 rather than multiplicand/multiplier; future lifelong endocrine replacement capitalised with multiplier 18 and growth hormone reduced to a 10-year assessment using multiplier 9; total damages assessed at $4,803,527 with specified interest and a costs order nisi in favour of the plaintiff.
7 Feb 2003

LEE LUNG WAH AND OTHERS v. LAU KAM SHUN AND ANOTHER

Citation

LEE LUNG WAH AND OTHERS v. LAU KAM SHUN AND ANOTHER
Court

Court of First Instance
Case number

HCPI1534/2000

Court accepted parts of plaintiffs' medical evidence and rejected other complaints for lack of objective support; quantified awards by accepting certain impairments (leading to 'serious injury' for 2nd plaintiff), adjusting days worked and multipliers for economic reality, disallowing or reducing unsupported special expenses, and awarding interest and costs as stated.

Hong Kong Case Law

WONG KAI FUN v. SUN ON LOGISTICS LTD AND ANOTHER

LO WAI YIN v. LI CHUN KOU

SO SHU KEUNG SAMMY v. TAM TAK FONG AND ANOTHER

TANG WING PUI v. HO PUI LING t/a WING HING MEAT CO (PORK DEPT)

MUNG YEE KI v. CHUNG NING

LEE LUNG WAH AND OTHERS v. LAU KAM SHUN AND ANOTHER