Hong Kong Case Law: Decisions & Judgments

Topic

Psychiatric injury (ptsd)

Legal area

Court

29 Dec 2023

WONG WAI HONG v. LEUNG HOI TONG AND ANOTHER

Citation

[2023] HKDC 1842
Court

District Court
Case number

DCEC2326/2021

The applicant satisfied the prima facie threshold because he was diagnosed with PTSD shortly after the accident, the condition is directly relevant to causation and quantum and was not addressed in the MAB's assessment; on the discretion stage the applicant's delay was reasonable in context (bound by Form 9 and subsequent appeal, and strengthened by a joint orthopaedic report recommending psychiatric assessment), prejudice and cost were mitigated by ordering a single joint psychiatric expert and a tight timetable, therefore leave to adduce a single joint psychiatric expert was justified and g…
10 Feb 2023

KARTIKA PUSPITASARI 對戴志偉及另一人

Citation

[2023] HKDC 226
Court

District Court
Case number

DCPI1891/2016

Liability was treated as established based on prior criminal findings and absence of defence; the court accepted the medical and psychiatric expert reports and the plaintiff's evidence as reliable; having compared authorities and adjusted for inflation and evidential gaps the court fixed quantum by awarding specified sums for general, aggravated and special heads, deducted an identified set-off of HK$350,000 and ordered interest and costs accordingly.
28 Nov 2022

LI YIN YUK v. NG CHI FAI AND ANOTHER

Citation

[2022] HKDC 1394
Court

District Court
Case number

DCPI2229/2019

The Court accepted liability but found the S5 fracture healed by April 2017 and that most persistent physical symptoms were attributable to pre-existing degenerative L5/S1 pathology; the Plaintiff suffered PTSD caused by the accident but of mild intensity resolving largely by December 2017; the Plaintiff was an unreliable witness and the joint expert reports (JOR, JPR, JSPR) were preferred; accordingly sick leave was fixed to 1 July 2016–31 December 2017, PSLA fixed at HKD 300000, pre-trial and future losses quantified as set out, no award for loss of earning capacity, special damages agreed…
14 Jan 2020

LIU WEIGUANG v. LI KENG KO AND ANOTHER

Citation

[2019] HKDC 1745
Court

District Court
Case number

DCPI2723/2018

Although liability was admitted, on the balance of probabilities the court found the plaintiff fell from approximately 9–10 metres and was carrying two buckets; orthopaedic injuries have largely healed with minimal residual physical impairment but the plaintiff suffers mild psychiatric symptoms attributable to the accident which limit return to his pre-accident work at heights; applying accepted methodologies for loss calculations and relevant authorities, damages are assessed and defendants ordered to pay HK$1,331,866.60 after deducting employees' compensation, with specified interest and co…
13 Apr 2016

AGACER JAMES C v. ARNOLD ARTHUR JOHN

Citation

AGACER JAMES C v. ARNOLD ARTHUR JOHN
Court

Court of First Instance
Case number

HCPI518/2012

The court accepted that the 1st incident caused the plaintiff’s PTSD and physical injuries; the plaintiff’s pre-existing psychiatric condition did not negate liability or warrant reduction because it had been controlled and would not in itself have produced the PTSD; the April 2010 second assault contributed to deterioration so damages were apportioned between the two incidents; specific awards were quantified accordingly and interest and costs were ordered nisi.
1 Aug 2013

LAW YAU KEUNG v. CHU SAI CHUEN

Citation

LAW YAU KEUNG v. CHU SAI CHUEN
Court

Court of First Instance
Case number

HCPI846/2011

Plaintiff suffered a mild soft tissue cervical injury with mild PTSD; plaintiff's evidence was not credible and his complaints were exaggerated; on the facts and expert evidence PSLA assessed at HK$150,000, pre-trial loss of earnings for 10 months at HK$9,000 per month (HK$90,000), special damages allowed HK$29,869.60, no award for post-trial loss or loss of earning capacity, total award HK$269,869.60 plus specified interest and costs orders.
26 Feb 2007

YIP KWAN CHEUNG AND ANOTHER v. CHIM HONG WING

Citation

YIP KWAN CHEUNG AND ANOTHER v. CHIM HONG WING
Court

District Court
Case number

DCPI475/2006

Defendant was liable in negligence for crashing into the plaintiffs' shop while drink driving; on the evidence the court accepted the 1st Plaintiff suffered a compensable psychiatric injury and preferred the expert assessment of 6% disability (Dr. Mak) for loss of earning capacity calculations, awarded PSLA HK$250,000 and other heads as detailed, accepted the plaintiffs' valuations of special damages including an assessed value for broken glasses/frames, and held that insurance proceeds received by the 2nd Plaintiff are not deductible from damages.
4 Apr 2006

LIMBU SARAM KUMAR v. CHENG MAN CHUNG

Citation

LIMBU SARAM KUMAR v. CHENG MAN CHUNG
Court

Court of First Instance
Case number

HCPI382/2003

The defendant was not negligent; the parked van obscured the plaintiff until a second before impact and the collision was caused by the plaintiff's sudden emergence and forward momentum rather than driver fault; the plaintiff failed to prove causal links for claimed psychiatric and hearing injuries; claim dismissed.