Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory cap on loss of society
  • 28 Apr 2006

    FUNG WAI HAN v. HUI CHIK KEUNG AND ANOTHER

    Citation
    FUNG WAI HAN v. HUI CHIK KEUNG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI383/2002

    Defendant's negligence was admitted and, on the evidence, the defendant failed to prove contributory negligence. The court accepted the plaintiff's account and assessed damages by head, allowing reasonable pre-trial and future losses while disallowing unreasonable or unsupported claims (pre-trial housekeeping, future tonic food, extensive laser treatment). The court applied Daly to disallow unpaid housekeeping claims, applied the statutory cap for loss of society, deducted employees' compensation and interim payments (with interest adjustments), and awarded final judgment to the plaintiff in…