Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Whiplash injury

  • 28 Feb 2011

    LUK SHU KEUNG v. KWOK CHI SHING

    Citation
    LUK SHU KEUNG v. KWOK CHI SHING
    Court
    Court of First Instance
    Case number
    HCPI848/2005

    Court found plaintiff exaggerated symptoms, preferred the defendant's expert opinions (notably Dr. Lam for orthopaedics and Dr. Chung for psychiatry) that the physical injuries were soft tissue with minimal residuals and psychiatric impairment was mild; treatments in Guangzhou and claimed household help and future medical expenses were not proven necessary or causally connected to the accident; employment evidence was unreliable so pre-trial loss and future earning claims were reduced; awarded PSLA HK$300,000, special damages HK$59,815 and loss of earning capacity HK$100,000 totaling HK$459,8…

  • 20 Jan 2010

    CHOI SUN HONG v. CHINA HARBOUR ENTERPRISE CONSTRUCTIONS LTD AND ANOTHER

    Citation
    CHOI SUN HONG v. CHINA HARBOUR ENTERPRISE CONSTRUCTIONS LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI1084/2007

    Court accepted plaintiff suffered whiplash soft tissue injury to neck, milder low back contusion and psychiatric injury (PTSD and adjustment disorder) in partial remission caused by the Accident; pre-existing degenerative cervical and lumbar changes were asymptomatic and were triggered by the Accident to some degree, warranting a 30% discount on orthopaedic PSLA; sick leave of 25.5 months was accepted; plaintiff could not return to pre-accident carpentry work and had mitigated by obtaining lighter employment; damages were calculated across heads and totalled HK$1,576,275.45 with interest and…

  • 16 Jun 2009

    FAN JIAN HUI v. CHAN HAK MAN AND ANOTHER

    Citation
    FAN JIAN HUI v. CHAN HAK MAN AND ANOTHER
    Court
    District Court
    Case number
    DCPI2095/2008

    The court found the plaintiff suffered neck and minor head injuries with residual neck pain and partial loss of neck movement; the injuries were less serious than some authorities relied on by plaintiff but more than certain defendant cases, accepted the plaintiff's evidence of income and sick leave in absence of expert contradiction, awarded PSLA HK$60,000, past earnings HK$54,041 and other agreed heads totaling HK$125,996, and ordered defendants to pay that sum with specified interest and costs to be taxed.

  • 13 Mar 2008

    TSOI WING TAK MICHELLE v. LAU SZE NI

    Citation
    TSOI WING TAK MICHELLE v. LAU SZE NI
    Court
    Court of Appeal
    Case number
    CACV226/2007

    The appeal was dismissed because the trial judge's primary factual finding that the appellant was fit to resume operational duties (with employer accommodation) was unassailable, the appellant failed to rebut the expert evidence or establish a real prospect of promotion or loss of quarters, and therefore the claims for future loss and pension lacked foundation.

  • 8 Jun 2007

    TSOI WING TAK MICHELLE v. LAU SZE NI

    Citation
    TSOI WING TAK MICHELLE v. LAU SZE NI
    Court
    Court of First Instance
    Case number
    HCPI926/2005

    The judge accepted the joint expert opinion that the plaintiff was fit to resume operational duties with restriction on hours; the plaintiff deliberately withheld that report from her employer and failed to seek reconvening of a medical board to reinstate operational duties; therefore losses for operational quarters, post-trial loss of earnings, promotion prospects and pension were not caused by the defendant or were avoidable and not compensable; compensatory awards were limited to PSLA and agreed special and past losses totaling HKD 286,522.05, plus costs on District Court scale to be taxed…

  • 8 Mar 2006

    TAI YUK WONG v. CHONG KWOK FUNG AND ANOTHER

    Citation
    TAI YUK WONG v. CHONG KWOK FUNG AND ANOTHER
    Court
    District Court
    Case number
    DCPI1405/2005

    Liability having been earlier determined, the court found the plaintiff sustained a whiplash soft tissue injury with residual mild neck and shoulder pain; the injury and consequent sick leave caused loss of opportunity for contract renewal; assessed damages as PSLA HK$150,000, pre-trial loss HK$244,747, loss of earning capacity HK$50,000 and special damages HK$68,000, totaling HK$512,747, with interest and a costs order nisi.

  • 14 Feb 2001

    TSE WING YIN, IRENE v. CHAN WAI KEUNG AND ANOTHER

    Citation
    TSE WING YIN, IRENE v. CHAN WAI KEUNG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI195/2000

    Judge accepted plaintiff's testimony and medical evidence that she continues to suffer significant pain and psychological effects but rejected post‑concussional syndrome; awarded damages on quantum findings: PSLA $475,000, pre‑trial loss $500,000, agreed special and capacity losses, applied multiplier of 4 with $8,000 monthly multiplicand for future loss yielding $384,000, allowed future medical costs including spinal fusion $120,000 and physiotherapy, awarded future psychiatric treatment limited to 10 sessions ($20,000), applied specified interest rates and ordered costs of assessment to pla…