Hong Kong Case Law: Decisions & Judgments

Topic

Set-off of payments

Legal area

Court

19 Jul 2023

TSANG SING WAH 對 CHUNG WAI CHIU t/a WAH KI MOTOR ACCESSORIES

Citation

[2023] HKDC 1140
Court

District Court
Case number

DCEC304/2022

The court held that prior periodic payments made by the respondent fully offset the compensation assessed under s10 for temporary incapacity but cannot be used to reduce the s9 compensation for permanent partial loss of earning capacity because s10(4) forbids deduction; payments for hospital and miscellaneous medical expenses also cannot be set off against s9 compensation; Form 5 assessment is binding absent appeal.
18 May 2023

LUNG KA CHUN v. UNITED LOGISTICS CORPORATION LTD

Citation

[2023] HKDC 597
Court

District Court
Case number

DCEC7/2022

The court accepted and applied the Board's Certificate of Assessment as the basis for quantum, used the applicant's claimed monthly earnings figure for computation of s.9 and s.10 entitlements, allowed medical expenses under s.10A, gave full credit for HKD160,000 received from the employer, awarded a net sum of HKD13,307, ordered interest from the date of the accident at half‑judgment rate until judgment and judgment rate thereafter, and made a costs order nisi in favour of the Applicant.
31 Oct 2016

THE INCORPORATED OWNERS OF FLORA GARDEN v. LAI TZE BIN AND ANOTHER

Citation

THE INCORPORATED OWNERS OF FLORA GARDEN v. LAI TZE BIN AND ANOTHER
Court

Lands Tribunal
Case number

LDBM289/2014

Leave to appeal was dismissed because the respondents failed to show a reasonable prospect of success or other reason in the interests of justice; the Tribunal found as matters of law and fact that Clause 4(f) of the DMC and s.18(2)(fa) of the BMO empowered the IO to carry out improvement works including addition of a lift, the challenged works were on the agenda and approved at the 215 EGM as evidenced by the List attached to the minutes, the HK$10,000 payments were refunded and the IO agreed to set off those amounts so no prejudice arose, the DMC collection fee was not a penalty, and respon…
10 Oct 2014

JJBGMK v. JPLY

Citation

JJBGMK v. JPLY
Court

Family Court
Case number

FCMP61/2011

The court held that the Father's one-off HK$160,000 payment should be given limited credit (approximately HK$27,000) against backdated maintenance but no further set-off/order was necessary; the Mother's application for leave to appeal the costs order was refused for lack of reasonable prospect of success; none of the four summons resolved by undertakings warranted an adverse costs order against the Father and therefore no order as to costs was made for those summons; the Mother was ordered to pay the Father's costs of her leave application (to be taxed if not agreed) with a certificate for c…
1 Aug 2002

CHAN OI YING v. KWONG WAI HUNG AND ANOTHER

Citation

CHAN OI YING v. KWONG WAI HUNG AND ANOTHER
Court

Court of First Instance
Case number

HCPI448/1998

Court accepted evidence supporting HK$13,000 pre-accident earnings (daily casual rate corroboration and Form 2 attendance), apportioned monthly dependency (HK$6,500 in Hong Kong, HK$2,500 for dependants in Mainland China), adopted multiplier of 11 for future dependency, disallowed funeral expense claim because HK$30,000 was paid by defendant and admitted to have been used for funeral, awarded HK$100,000 for loss of accumulation, applied interest rates as specified, reduced award by 20% contributory negligence and deducted prior ECC payment, resulting in judgment for plaintiff of HK$471,036 pa…

Hong Kong Case Law

TSANG SING WAH 對 CHUNG WAI CHIU t/a WAH KI MOTOR ACCESSORIES

LUNG KA CHUN v. UNITED LOGISTICS CORPORATION LTD

THE INCORPORATED OWNERS OF FLORA GARDEN v. LAI TZE BIN AND ANOTHER

JJBGMK v. JPLY

CHAN OI YING v. KWONG WAI HUNG AND ANOTHER