25 May 2018
The Judge erred by failing to assess damages for the minor right ankle contusion caused by the accident, but any proper assessment would yield an award that did not exceed the employee's compensation already received (HK$257,051.59); therefore the appeal is dismissed and no additional damages are due.
8 Sept 2015
Judge accepted contemporaneous medical and expert evidence that plaintiff had substantially recovered by May/December 2009 with at most minor residual shoulder pain that would not prevent her performing pre‑injury work or tour leader duties; plaintiff's credibility on incapacity and on intention and likely earnings as tour leader was weak; awards fixed accordingly and total award reduced by employee's compensation of HKD 680,000.
23 Feb 2009
The court accepted the injuries occurred but found the plaintiff to be a malingerer based on medical reports and demeanour; accordingly it reduced the PSLA for the second accident to HK$100,000, awarded proven past earnings and a limited award for loss of earning capacity (three months' salary), allowed certain special damages, and set off employee's compensation of HK$123,940, resulting in a net award of HK$93,577 with interest and costs to be taxed.
19 Feb 1997
The Master accepted the plaintiff's wage evidence, applied an 85% uplift to arrive at current equivalent earnings, adopted a 12-year multiplier for future loss, calculated pre- and post-assessment losses accordingly, awarded PSLA at $375,000 (below claimant's submission), allowed $25,000 for future psychiatric treatment, refused a separate lump sum for loss of earning capacity and investment advice, deducted the employee's compensation award of $175,322.81, applied specified interest rates, and ordered costs to the plaintiff against the 2nd and 3rd defendants.
9 Oct 1996
The Court found the plaintiff credible, concluded the defendant breached its statutory and common law duty by allowing a slippery substance on the platform which caused the plaintiff's fall and resultant L5-S1 prolapsed disc, rejected contributory negligence, accepted causation between the accident and the injury, assessed damages accordingly, deducted statutory employee's compensation, and awarded interest and costs to the plaintiff.