Hong Kong Case Law: Decisions & Judgments

Topic

Set‑off of statutory compensation

Legal area

Court

30 Jan 2023

LEUNG MUI YI 對 FU HONG SOCIETY, formerly known as SOCIETY OF HOMES FOR THE HANDICAPPED

Citation

[2023] HKDC 36
Court

District Court
Case number

DCPI2401/2017

Court found the second defendant breached its duty by failing to maintain the hostel's saline pipe, which caused the accident. The court accepted the accident caused the plaintiff's right rotator cuff tear and right buttock injury but rejected causation for left shoulder, left ear, neck, back, head, nerve and psychiatric injuries for lack of objective or expert evidence. Pre-trial loss was limited to 8.5 months; special damages reasonably up to 31 October 2015; total assessed damages HK$271,307.22, which is wholly offset by prior employees' compensation of HK$667,151, resulting in no payable…
5 Jun 2015

TANG YAM KAU v. KEY ASIA ENGINEERING LTD

Citation

TANG YAM KAU v. KEY ASIA ENGINEERING LTD
Court

Court of First Instance
Case number

HCPI653/2012

The court accepted the plaintiff's contemporaneous records to fix his average earnings, rejected the mandatory application of the Employees' Compensation month-based calculation to the negligence assessment, awarded damages using the accepted earnings figures with appropriate uprating and multiplier for future loss, allowed specified heads of special and future expenses, and set off the prior EC award against the common law damages.
17 Jun 2005

SINGH JAGDEEP v. VSC ENGINEERING PRODUCTS CO LTD

Citation

SINGH JAGDEEP v. VSC ENGINEERING PRODUCTS CO LTD
Court

District Court
Case number

DCPI391/2005

The court found there were two separate injuries; the May 21 2001 injury was a minor abrasion that had healed by 6 June 2001 and caused no permanent impairment; the plaintiff exaggerated ongoing symptoms and on the evidence no loss of earning capacity or future earnings was established; although total damages were assessed at HKD 48,608.95 the plaintiff had previously obtained HKD 63,306.67 from an Employees Compensation application so no damages were payable in this action and costs were awarded to the defendant.
8 Apr 1997

LEE KWAN TONG v. LIU YEE LIM AND OTHERS

Citation

LEE KWAN TONG v. LIU YEE LIM AND OTHERS
Court

Court of First Instance
Case number

HCPI1383/1996

Master accepted plaintiff's evidence of injury and disability, found defendant negligent, applied comparable authorities and a multiplier of 12 for future loss, awarded specific sums for pre‑trial loss ($355,356), other special damages ($29,036), general damages for pain and suffering ($44,000), future loss of earnings ($598,752), loss of earning capacity ($100,000), deducted employees' compensation ($76,030.33) and awarded total damages of $1,051,114 with specified interest and costs orders.
31 Oct 1995

LEE WONG SIN v. WONG SHEK MEI AND OTHERS

Citation

LEE WONG SIN v. WONG SHEK MEI AND OTHERS
Court

Court of First Instance
Case number

HCA769/1995

The court awarded general damages of HK$60,000 for pain, suffering and loss of amenities for the fractured wrist, awarded past loss of earnings of HK$101,600 up to the date of the plaintiff's stroke in August 1987 under the Jobling principle, allowed special damages of HK$516, deducted HK$39,800 received as Employees' Compensation, ordered interest on loss of earnings and special damages at half the judgment rate from date of accident to judgment, and ordered costs to be taxed.
9 Sept 1988

LAM TAI SUN v. CHOW KAM WAH

Citation

LAM TAI SUN v. CHOW KAM WAH
Court

Court of First Instance
Case number

HCA5040/1987

The court awarded damages after assessing reasonableness and evidential basis: awarded past loss of earnings for sick leave ($11,281.50); general damages for pain, suffering and loss of amenities $65,000 (taking age, 13% whole-man impairment and functional limitations into account); awarded a modest sum for loss of earning capacity ($5,000) because the risk of job loss and inability to find alternative employment was very remote on the evidence; accepted only the third bone-setter's fees as reasonably incurred ($8,300) plus travel and nourishing food ($2,000); deducted employees' compensation…
7 Oct 1987

KONS SZE CHUNG BY HIS SISTER AND NEXT FRIEND KONG WAI PING v. SUNDO GARMENTS FACTORY LIMITED

Citation

KONS SZE CHUNG BY HIS SISTER AND NEXT FRIEND KONG WAI PING v. SUNDO GARMENTS FACTORY LIMITED
Court

Court of First Instance
Case number

HCA2734/1984

The court awarded damages to the plaintiff because his injuries and their vocational and recreational effects justified substantial general damages ($135,000) and, on the evidence of an intended executive career and a real and substantial competitive disadvantage, a global award for loss of earning capacity ($30,000) despite lack of current employment; special damages for agreed items including two months' lost wages were allowed and employees' compensation of $65,137.84 was set off, resulting in a net award of $103,298.16. The court applied Moeliker and Li Ping Sum principles in assessing th…
20 Jul 1987

LUK YIU LAM v. LEUNG SAI WA

Citation

LUK YIU LAM v. LEUNG SAI WA
Court

Court of First Instance
Case number

HCA1000/1987

On the evidence the court found the deceased earned $110 per day at death and would have earned $170 per day later, worked 26 days per month, and a multiplier of 16 for lost years and a free‑balance of 45% were appropriate; awarding LARCO damages totalling $386,861.00, FAO dependency to the minor of $31,980.00, offsetting the employee's compensation of $160,000.00, resulting in a net award of $258,841.00 with specified apportionment, payment into court for the minor, and specified interest rates and costs orders.
29 May 1985

LAI MAN v. E MAN CONSTRUCTION COMPANY LTD.

Citation

LAI MAN v. E MAN CONSTRUCTION COMPANY LTD.
Court

Court of First Instance
Case number

HCA3326/1982

The court accepted the plaintiff's credible evidence that he was instructed to extract concrete from the hopper and that the safety grille had been removed by others, finding no negligence by the plaintiff; consequently the employer breached its duty to provide a safe system of work and is wholly liable; damages were assessed using accepted multiplicand-multiplier calculations, reduced by prior workmen's compensation, with specified interest and costs order.