Hong Kong Case Law: Decisions & Judgments

Topic

Quantification of general damages

Legal area

Court

29 Apr 1996

LI YUEN HUNG v. YAU YUK LAN

Citation

LI YUEN HUNG v. YAU YUK LAN
Court

Court of First Instance
Case number

HCPI504/1995

Liability having been conceded and the court accepting medical evidence that the accident triggered symptomatic degenerative spondylosis causing a permanent partial disability and reduced earning capacity, the court fixed general damages at HKD210,000 (three quarters of the revised lower serious injury starting point), awarded calculated pre-trial total and partial losses, future loss using multiplier 4, allowed specified special damages less accepted deductions and ECC award, added interest as calculated and directed specified payments from monies paid into court together with costs allocati…
31 Oct 1995

LEE WONG SIN v. The estate of WONG SHEK MEI, deceased and Others

Citation

LEE WONG SIN v. The estate of WONG SHEK MEI, deceased and Others
Court

Court of First Instance
Case number

HCPI769/1995

The court awarded quantified damages: general damages $60,000; loss of earnings $101,600 (calculated to August 1987 and limited by the claimant's subsequent stroke under Jobling); special damages $516; deducted $39,800 received as employees' compensation; awarded interest on loss of earnings and special damages at half the judgment rate from date of accident; and ordered costs to be taxed in favour of the Plaintiff.
17 Apr 1979

LEE PAK LEUNG v. CHAN KOON KAU AND ANOTHER

Citation

LEE PAK LEUNG v. CHAN KOON KAU AND ANOTHER
Court

District Court
Case number

DCCJ3117/1978

Where liability was admitted, the court accepted the more fully reasoned medical opinion (Dr. Wedderburn) that permanent impairment was minimal (approximately 1%), awarded general damages of HK$6,000 based on comparable authorities and facts of near complete recovery, and disallowed most special expenses for lack of proof, awarding special damages totalling HK$150; interest to be calculated as agreed by parties.
11 Jan 1977

LEE KAM HAN v. FAN LIK MING AND ANOTHER

Citation

LEE KAM HAN v. FAN LIK MING AND ANOTHER
Court

Court of First Instance
Case number

HCA339/1975

The Registrar assessed quantum on the facts: awarded $150,000 for pain and suffering and loss of amenities due to substantial and likely permanent brain damage; applied a multiplier of 15 to an assumed earning capacity of $800/month to award $144,000 for loss of future earnings; awarded $50,000 for future care; allowed specified special damages to the extent supported by evidence; reduced the total award to 75% in accordance with earlier consent judgment and directed interest on specified components and payment/investment arrangements.

Hong Kong Case Law

LI YUEN HUNG v. YAU YUK LAN

LEE WONG SIN v. The estate of WONG SHEK MEI, deceased and Others

LEE PAK LEUNG v. CHAN KOON KAU AND ANOTHER

LEE KAM HAN v. FAN LIK MING AND ANOTHER