Hong Kong Case Law: Decisions & Judgments

Topic

Set-off for employees' compensation

Legal area

Court

30 Sept 2025

GURUNG JOU BAHADUR v. DRAGAGES HONG KONG LTD AND ANOTHER

Citation

[2025] HKCFI 4027
Court

Court of First Instance
Case number

HCPI43/2017

Plaintiff failed to prove defendants breached their duties: the manual handling of the hopper was not shown to be unreasonable in the circumstances given training, manpower and foreseeable method; plaintiff as experienced team leader bore significant responsibility (30% contributory negligence). Even if liability were established, employees' compensation had adequately compensated damage attributable to the accident. Claim dismissed.
27 May 2025

XIAO LONG v. LAM TAK YUEN

Citation

[2025] HKDC 795
Court

District Court
Case number

DCPI1305/2021

Liability having been established by interlocutory judgment and employees' compensation award, Master J. Chow assessed quantum on the evidence: accepted orthopaedic opinion that plaintiff reached MMI with mild residual chest and left hand symptoms and 3% impairment; accepted 139 days sick leave as reasonable; adopted comparators (notably Sunwar Navin Kumar) to fix PSLA at HK$200,000; calculated pre-trial loss of earnings by comparing notional earnings at HK$27,500/month to actual post-sick leave earnings, applied 5% uplift for contingencies, awarded pre-trial loss HK$969,580.50; awarded loss…
15 Nov 2024

LEE CHI HO v. LAI YING TUNG MICHAEL

Citation

[2024] HKDC 1912
Court

District Court
Case number

DCPI528/2022

Damages were assessed on the available primary medical records, sick leave certificates and testimony; PSLA for the nasal and facial injury awarded at HKD 250,000; pre-trial loss limited to days supported by sick leave as assessed reasonable (665 days) yielding HKD 274,890.55; future medical expenses allowed as a nominal sum HKD 2,000 in absence of expert evidence; special damages HKD 48,165 allowed in full; credit for employees' compensation HKD 240,295.45 applied; interest and costs orders made as set out.
8 Aug 2022

B K RAM PRASHAD v. FREYSSINET HONG KONG LTD AND ANOTHER

Citation

[2022] HKDC 775
Court

District Court
Case number

DCPI1657/2019

Master found plaintiff exaggerated subjective complaints, accepted jointly that impairment was low, accepted Dr Lam's objective assessment that plaintiff could resume pre-accident foreman work, accepted sick leave up to 25 January 2018 for pre-trial loss, awarded PSLA $250,000, pre-trial loss $608,556.48, loss of earning capacity $100,000, special damages $22,000, applied 25% reduction and set-off for employees' compensation, resulting in net damages of HK$88,858.85; interest and costs nisi ordered.
23 Dec 2021

HUSSAIN SHAHEEN AKHTAR v. YUE YI HOLDING SERVICES LTD t/a YUE YI STEAM LAUNDRY FACTORY

Citation

[2021] HKDC 1603
Court

District Court
Case number

DCPI1932/2016

Plaintiff's evidence was found unreliable and contradicted by contemporaneous records and credible witnesses; defendant had given standing and specific instructions, warnings and provided technicians and guards; plaintiff breached those instructions by opening the safety cover and removing the jammed cloth herself and thus was solely responsible for the accident, so defendant was not negligent and the plaintiff's claim is dismissed.
24 Dec 2018

SHIU WING SIK v. DICKSON YOGA CO LTD t/a DICKSON YOGA

Citation

[2018] HKDC 1577
Court

District Court
Case number

DCPI1187/2017

The plaintiff's oral evidence was found to be untruthful and unreliable on central issues, leaving no proved cause of the accident; moving the yoga fabrics was a simple task for which no prescribed system was required and available trolleys/boxes meant the employer did not breach duty; plaintiff failed to prove negligence and his claim is dismissed.
31 Aug 2012

ZAHID ANWAR v. GRACEFUL SOUND LTD AND OTHERS

Citation

ZAHID ANWAR v. GRACEFUL SOUND LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI410/2008

Court found the plaintiff sustained injuries in the fall but substantially exaggerated ongoing disability; accepted neurological impairment as minor and that prior 2002 injuries did not materially contribute; assessed damages for pain, suffering and loss of amenity at $300,000, loss of earning capacity at $200,000, limited future medicals, awarded specific pre-trial loss sums, deducted employees' compensation of $175,540, ordered interest and costs accordingly.
3 Sept 2008

CHAN HUNG HANG v. FAT KEE MARINE REPAIRING & ENGINEERING CO LTD AND ANOTHER

Citation

CHAN HUNG HANG v. FAT KEE MARINE REPAIRING & ENGINEERING CO LTD AND ANOTHER
Court

District Court
Case number

DCPI2328/2007

Court accepted plaintiff's evidence of pre-accident earnings at HK$750 per day and 24 days per month (monthly HK$18,000), found injury warranted a general damages award of HK$100,000, awarded pre-trial loss HK$99,000, pre-trial MPF loss HK$4,950, loss of earning capacity HK$40,000, special damages HK$4,100, gave credit for employees' compensation HK$87,586.40 and entered a net judgment for the plaintiff of HK$160,463.60 together with specified interest and costs order nisi against the defendants.
23 Aug 2008

MAHMOOD, NAZIR v. CHIN WAI ON and PUN WAI MING t/a KENZ ENGINEERING CO AND OTHERS

Citation

MAHMOOD, NAZIR v. CHIN WAI ON and PUN WAI MING t/a KENZ ENGINEERING CO AND OTHERS
Court

Court of First Instance
Case number

HCPI741/2006

The court accepted the plaintiff's factual account of the accident and thus found all three defendants liable, but on medical evidence preferred the defendant's expert that the injury was a serious soft tissue back sprain with substantial recovery rather than a disc rupture; accordingly damages were awarded for pain, suffering and loss on a reduced basis and the award was reduced by the amount of employee's compensation already paid.
19 Jun 2008

LEE KA KUEN v. HUNG SHING ENVIRONMENTAL RECYCLE LTD

Citation

LEE KA KUEN v. HUNG SHING ENVIRONMENTAL RECYCLE LTD
Court

District Court
Case number

DCPI835/2005

Liability having been previously determined, the court assessed quantum on the evidence: it accepted the plaintiff's medical and employment evidence, awarded HK$250,000 for pain, suffering and loss of amenities, allowed pre-trial loss of earnings HK$142,603.33 and MPF HK$5,966.67, special damages HK$5,000 and loss of earning capacity HK$71,700, set off employees' compensation HK$47,713.16, ordered interest as specified and made an order nisi for costs to be taxed if not agreed.