Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Brain injury

  • 30 Jan 2003

    CHU MAN TING v. KWAN KAM KEI & ANOTHER

    Citation
    CHU MAN TING v. KWAN KAM KEI & ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI1039/2001

    The court preferred the plaintiff's neurological and psychological evidence that the accident caused a measurable diminution in intellectual and psychosocial functioning which materially reduced her future earning prospects; given the many imponderables a global award for future loss of earnings was appropriate and was set at HKD 2,000,000; PSLA, special and future treatment expenses were awarded on evidence; the total awards are reduced by one third for contributory negligence.

  • 20 Dec 2002

    WONG SIN LAM v. KUEN FUNG CONSTRUCTION LTD. AND OTHERS

    Citation
    WONG SIN LAM v. KUEN FUNG CONSTRUCTION LTD. AND OTHERS
    Court
    Court of First Instance
    Case number
    HCPI1286/1999

    Liability being conceded, the court assessed quantum by accepting the medical evidence that the plaintiff sustained permanent severe brain injury with cognitive and behavioural deficits rendering him unemployable and dependent; the court accepted the plaintiff's evidence of loss of amenities and the wife's caregiving role, rejected private psychiatric care and certain late claims, selected multipliers after accounting for prevailing economic conditions (multiplier 14 for future earnings, 18 whole-life for wife's care, 10 for domestic helper), and awarded damages totaled at HKD 8,430,020 with…

  • 4 Nov 1983

    LAW YUEN WAN AND ANOTHER v. TAI KAM TONG AND OTHERS

    Citation
    LAW YUEN WAN AND ANOTHER v. TAI KAM TONG AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA5443/1979

    The driver (1st defendant) and owner (2nd defendant) were negligent because the driver failed to keep a proper lookout when approaching a kindergarten and was travelling at about 25 m.p.h.; the teacher (3rd defendant) exercised reasonable care and was not negligent; the infant was not contributorily negligent due to her age; damages awarded to plaintiff against 1st and 2nd defendants accordingly.

  • 7 May 1982

    WONG PAK v. NG PO CHUI

    Citation
    WONG PAK v. NG PO CHUI
    Court
    Court of First Instance
    Case number
    HCA5463/1981

    The Registrar found the plaintiff had sustained a serious brain injury placing him at the top end of the first category of injury, awarded general damages at $96,000 after applying a 20% update for change in value of money, allowed specified special damages on the evidence (total $38,620), awarded past and limited future loss of earnings based on proven monthly wages and likely working life, directed interest at specified rates on general and certain special damages, and ordered costs to plaintiff to be taxed under Legal Aid Regulations.

  • 27 Jun 1980

    RENNY CHO KWOK HUNG v. FUSILIER DONALD EVANS AND OTHERS

    Citation
    RENNY CHO KWOK HUNG v. FUSILIER DONALD EVANS AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1686/1972

    The court accepted that the plaintiff sustained permanent physical and intellectual sequelae from the accident but found most claimed special items unreasonable or unproven; awarded limited special damages (HK$4,680) for one year of extra tuition and six months' medication, awarded general damages by a single global sum (HK$150,000) to cover pain, suffering, loss of amenities and diminution in earning capacity because future earnings could not be reliably quantified, awarded total judgment HK$154,680 with specified interest rates and apportioned costs.

  • 11 Oct 1971

    NG KAM v. TSANG TAK KUEN AND ANOTHER

    Citation
    NG KAM v. TSANG TAK KUEN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA232/1971

    Liability being admitted, the court assessed quantum using the conventional multiplier and multiplicand method rather than the actuarial approach, adopted a monthly loss of earnings of $700, applied a multiplier of 8 to assess prospective earnings ($67,200), awarded general damages of $130,000 (inclusive of the prospective earnings component) and special damages of $20,303, totalling $150,303; costs to be taxed and awarded a counsel certificate.

  • 8 Nov 1969

    CHEUNG PUI YUK AND ANOTHER v. TO CHI MING

    Citation
    CHEUNG PUI YUK AND ANOTHER v. TO CHI MING
    Court
    Court of First Instance
    Case number
    HCA778/1968

    On the evidence the defendant's negligent driving caused severe head injuries to the 1st plaintiff producing permanent frontal lobe dementia with personality change and loss of smell; agreed special damages were awarded; the court allowed reasonable amah costs (food and wages) from 20 Nov 1965 to 30 Jun 1969 supported by evidence and capitalised loss of services to the 2nd plaintiff; dizziness was not shown on balance to be caused by the accident; total judgment reflected these findings and avoided double recovery by allocating amah service awards to the 2nd plaintiff.