Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Amputation

  • 19 Feb 2014

    LAW YIN POK BOSCO v. DR CHAN YEE SHING

    Citation
    LAW YIN POK BOSCO v. DR CHAN YEE SHING
    Court
    Court of Appeal
    Case number
    CACV276/2012

    Appeal allowed in part: the Court found no apparent bias and that the trial was fair; the trial judge's general approach to the claims was justified but specific quantum adjustments were required — increase pain, suffering and loss of amenities award to HK$275,000 and increase award for future prostheses to HK$125,000; the claim for value of care by the father must be adjourned and heard with the father's claim; other awards and findings of the trial judge were upheld as within judicial discretion.

  • 14 Oct 2008

    CHAN KA LIM v. CHOW WAI KIN

    Citation
    CHAN KA LIM v. CHOW WAI KIN
    Court
    Court of Appeal
    Case number
    CACV405/2007

    The Court of Appeal upheld the judge's factual findings that the comprehensive Otto Bock prosthesis package was reasonably necessary on the evidence and that the defendant had not established a positive case from the bank/credit transactions to negate pre-trial loss; the court adjusted only quantum where the judge's approach or arithmetic warranted correction (reduced loss of earning capacity from $500,000 to $360,000; increased pre-trial loss to $772,000; increased future loss to $793,800) and ordered no costs given de minimis net difference after contributory negligence.

  • 17 Apr 2002

    BIJAY RAI v. PACIFIC CROWN ENGINEERING LTD. AND ANOTHER

    Citation
    BIJAY RAI v. PACIFIC CROWN ENGINEERING LTD. AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI1045/1998

    Defendants admitted liability leaving only quantum; on the evidence the court accepted the plaintiff's medical and expert evidence, found total incapacity for future work, awarded substantial damages for pain and suffering (HK$720,000), awarded past and future loss of earnings based on the plaintiff's pre-accident wage and adopted multipliers, allowed the cost of C-Leg prostheses and quantified future pecuniary losses, deducted the employees' compensation award paid, and directed interest and costs accordingly.

  • 15 Jul 1999

    YAN FAI WAH v. KONG SEUNG CHUEN AND ANOTHER

    Citation
    YAN FAI WAH v. KONG SEUNG CHUEN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI664/1998

    Because the defendants did not contest liability but the plaintiff failed to prove continuous 26-day monthly employment and failed to adduce evidence to establish a future loss of earning capacity risk, the court adjusted the notional average working days to 20 per month, adopted a present monthly notional income of $23,500, awarded PSLA $350,000, pre-trial net loss $629,525, future loss $1,947,000 (multiplier 11), allowed $2,000 special damages, rejected loss of earning capacity claim, deducted employment compensation $480,671 and entered judgment for $2,447,854 with specified interest and c…

  • 30 Apr 1996

    PANG WAI CHUNG v. HOI TAT RUBBER FACTORY (a firm)

    Citation
    PANG WAI CHUNG v. HOI TAT RUBBER FACTORY (a firm)
    Court
    Court of First Instance
    Case number
    HCPI793/1995

    The court held that the plaintiff's below‑elbow amputation with persistent stump pain and cosmetic disability justified an award of $600,000 for PSLA within the middle‑to‑upper range of substantial injury; awarded proven past losses and future prosthetic costs calculated with a 25‑year multiplier, assessed loss of earning capacity at $250,000, allowed specified past medical and ancillary expenses, ordered interest at statutory rates on general and special damages, and directed deduction of employees' compensation from the judgment.

  • 23 Mar 1984

    TO KIN SHAN AND OTHERS v. CHAN HOK LEUNG t/a YAU BONG METAL MANUFACTORY AND ANOTHER

    Citation
    TO KIN SHAN AND OTHERS v. CHAN HOK LEUNG t/a YAU BONG METAL MANUFACTORY AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA4123/1982

    Court accepted plaintiff's expert assessment of 25% impairment, awarded $40,000 for pain, suffering and loss of amenities, $84,240 for loss of future earning capacity based on proven $15/day loss and multiplier 18, allowed special damages of $9,095 (including proved pre-trial wages of $9,000 and travel $95), deducted $11,332 Workmen's Compensation, awarded specified interest on heads and costs to the plaintiff.

  • 30 May 1983

    LAI PO WAH v. CHAN WOON SUM AND ANOTHER

    Citation
    LAI PO WAH v. CHAN WOON SUM AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA4314/1982

    The court awarded HK$75,000 for pain, suffering and loss of amenities for the below‑knee amputation; allowed specified special damages and past loss of earnings of HK$53,600 to May 1982 and HK$16,800 from then to date; and assessed future loss of earnings at HK$235,200 using an annual differential of HK$1,400 and multiplier 14. Interest was awarded on special damages at 5.5% from the date of the accident to judgment and on HK$75,000 from the date of the writ to judgment; credit to be given for any Workmen's Compensation; costs awarded to the plaintiff with certificate for counsel and plaintif…

  • 14 Oct 1981

    TSANG SUN-KEUNG v. CHAU PUI-CHING

    Citation
    TSANG SUN-KEUNG v. CHAU PUI-CHING
    Court
    Court of First Instance
    Case number
    HCA3543/1979

    Defendant was negligent for failing to keep proper lookout and for driving too close to the kerb near a pavement obstruction; plaintiff was partly negligent but only to a trivial extent (fixed at 10%); causation established for injuries including infection leading to amputation; total damages assessed and apportioned 90% to defendant.

  • 12 Feb 1976

    CHEUNG WAI LUEN v. WONG TSUI KWAN AND ANOTHER

    Citation
    CHEUNG WAI LUEN v. WONG TSUI KWAN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA734/1974

    The court fixed separate heads of damages after assessment: $75,000 for pain and suffering and loss of amenities, $35,000 for future pecuniary loss and $3,000 special damages, holding that the cost of potential plastic surgery would be taken into account within the general award rather than granted as a separate sum, and ordered interest on specified components and payment into court with investment by the Registrar.

  • 29 Oct 1975

    TAO MEI HO v. HUI KWONG YAT

    Citation
    TAO MEI HO v. HUI KWONG YAT
    Court
    Court of First Instance
    Case number
    HCA819/1974

    The judge awarded general damages of $50,000 because, on the facts, a child injured at 3½ with a below‑knee amputation faces lifelong disability, recurring prosthetic costs and adjustments, significant loss of amenities and likely future emotional and matrimonial disadvantages; local comparative authorities and the need to relate awards to Hong Kong standards justified the quantum.