Hong Kong Case Law: Decisions & Judgments

Topic

Apportionment for pre-existing condition

Legal area

Court

28 Jan 2025

LEE TAK CHUNG JOE v. YEUNG LUEN trading as 足福中藥古法薰腳專門店

Citation

[2025] HKDC 177
Court

District Court
Case number

DCPI3231/2021

Court found the accident caused the scald injuries and psychiatric condition but materially interacted with long-standing poorly controlled diabetes; apportioned 20% to the pre-existing diabetic condition, accepted expert causation but rejected the claimant’s asserted pre-accident earnings and any award for loss of earning capacity for want of credible contemporaneous evidence, and awarded PSLA HK$160,000, special damages HK$15,000 and future medical HK$15,000 (total HK$190,000) plus interest and costs on the terms ordered.
26 Jul 2024

SO PO KAM v. CHEUNG HIU WANG trading as HO KONG ENGINEERING COMPANY AND ANOTHER

Citation

[2024] HKDC 1218
Court

District Court
Case number

DCPI3335/2021

The Court found the Accident caused a soft tissue back sprain but that the claimant had pre-existing lumbar degenerative change; applying the thin skull principle and authorities on pre-existing conditions the court declined a large discount, accepted contemporaneous WhatsApp records to fix monthly earnings at HK$36,400, allowed a reasonable 5-month sick leave for pre-trial loss, applied a reduced multiplier of 7 for future partial loss, awarded PSLA HK$100,000 and total damages HK$367,200 after offset of employees' compensation, plus ordered interest and costs as specified.
11 Jun 2021

CHEUNG HON YU v. CHUN LEE ENGINEERING CO LTD AND ANOTHER

Citation

[2021] HKCFI 1687
Court

Court of First Instance
Case number

HCPI87/2019

Plaintiff entitled to damages but credibility and objective medical evidence showed only minor to moderate ongoing disability; pre-existing degenerative spinal disease contributed materially and 30% apportionment applied; plaintiff could return to pre-accident work with mild reduction in capacity; awards quantified accordingly (PSLA HK$175,000; pre-trial loss HK$645,106.67; loss of earning capacity HK$140,000; special damages HK$12,324) less 80% defendant liability and deduction of employees' compensation resulting in final award HK$150,209.54 plus ordered interest and costs on District Court…
7 May 2021

TANG SIU TUNG v. SUNBASE INTERNATIONAL PROPERTIES MANAGEMENT LTD

Citation

[2021] HKDC 543
Court

District Court
Case number

DCPI1042/2019

On the facts and expert evidence the plaintiff was found to have grossly exaggerated his symptoms; the court accepted defendant's expert evidence that further treatment was unnecessary beyond 20 May 2016 and that the pre-existing degenerative spinal condition justified a limited discount to general damages. Consequent findings: reasonable sick leave for pre-trial loss runs to 20 May 2016; PSLA assessed at $250,000 less 10% for pre-existing condition ($225,000); other heads limited per court calculations; net award after deduction for employees' compensation is $24,332.82; costs ordered nisi f…
8 Jan 2021

CHAN NGA v. CATHAY PACIFIC CATERING SERVICES (H.K.) LTD

Citation

[2021] HKDC 15
Court

District Court
Case number

DCPI948/2019

On the facts the employer breached its duty by maintaining an unsafe system of work: assigning a lone worker under high time pressure to retrieve unlabelled heavy-loaded trolleys in a confined cold room created a foreseeable risk and was not reasonably safe; the plaintiff's evidence of how the accident occurred was accepted as to liability; plaintiff was not contributorily negligent; injuries were soft tissue with limited residuals and a transient psychiatric adjustment disorder; assessed damages were HK$343,402 less statutory employees' compensation of HK$280,000; defendant to pay costs and…
21 Sept 2018

LAW SZE CHUN v. LI MIE CHUN

Citation

[2018] HKDC 1172
Court

District Court
Case number

DCPI1700/2016

Defendant was negligent in moving his vehicle from a stationary position behind the give‑way markings and struck the plaintiff; plaintiff was not contributorily negligent; pre‑existing knee degeneration contributed to the plaintiff's present condition and a 30% discount to PSLA is appropriate; damages awarded as assessed and costs to plaintiff (order nisi).
16 Dec 2010

TA A SAM v. HO KA CHI APRIL t/a FANTASTIC INTERIOR DESIGN CO

Citation

TA A SAM v. HO KA CHI APRIL t/a FANTASTIC INTERIOR DESIGN CO
Court

District Court
Case number

DCPI880/2010

On the evidence and comparable authorities the court assessed PSLA at HK$330,000 and reduced it by 25% for pre-existing degeneration to HK$247,500; pre-trial and post-trial loss were calculated from proven earnings and reasonable deductions (including 3 months convalescence and accepted lowered future earnings), future loss multiplied by 6, MPF claim rejected for lack of proof, special damages allowed in full, and the prior ECC award of HK$1,239,222 was credited against the total, leaving a net judgment of HK$718,873; interest and costs awarded as specified.
31 Oct 2010

LEE YU HEY v. YUEN HIS CARL

Citation

LEE YU HEY v. YUEN HIS CARL
Court

District Court
Case number

DCPI546/2011

The court awarded PSLA $360,000 being an appropriate $450,000 starting point reduced by 20% for pre-existing degenerative contribution; adopted monthly earnings of HK$8,800 (rejecting alleged HK$500 diligence bonus) for pre-trial loss calculations yielding HK$213,357; awarded HK$50,000 for loss of earning capacity based on expert 7% impairment and a real risk of labour-market handicap; refused future medical expenses because the joint expert opined no further treatment necessary; awarded agreed special damages HK$15,750; total damages HK$649,774.85 with specified interest and costs order.
8 Jan 2008

TSO CHUN CHEONG v. MAK CHI MING t/a LIK WANG INTERNATIONAL SOFA CO

Citation

TSO CHUN CHEONG v. MAK CHI MING t/a LIK WANG INTERNATIONAL SOFA CO
Court

District Court
Case number

DCPI766/2007

The court accepted that the 2005 accident caused a substantial aggravation of the plaintiff's cervical condition but that a significant pre-existing condition existed; applied a one-third discount for pre-existing condition; treated Form 6 as conclusive on pre-accident earnings of HK$10,000; refused late oral amendment to increase claimed pre-trial earnings for lack of notice and supporting evidence; assessed and awarded total damages of HK$415,970 with specified interest and costs orders.
29 Mar 2006

ASHOK G. C. v. KAM KEE CONSTRUCTION WORKS LTD AND ANOTHER

Citation

ASHOK G. C. v. KAM KEE CONSTRUCTION WORKS LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI691/2004

Master Hui accepted that the accident aggravated pre-existing lumbar pathology but did not produce catastrophic disability; awarded PSLA as conceded at HK$180,000, found the correct daily wage was HK$600 with 22 working days per month, applied a 40% reduction for pre-existing conditions, adopted a multiplier of 12 for future loss, and calculated pre-trial and future loss figures accordingly, added statutory MPF allowances and set interest and costs as detailed in the judgment.