Hong Kong Case Law: Decisions & Judgments

Topic

Causation and apportionment

Legal area

Court

26 Feb 2021

KAN SHUI LAI JOELY v. HOSPITAL AUTHORITY, the Body Corporate having management and control of POK OI HOSPITAL

Citation

[2021] HKCFI 433
Court

Court of First Instance
Case number

HCPI978/2016

The court accepted the plaintiff’s account that she performed the procedure from the patient’s back and sustained the left shoulder injury when the patient suddenly moved, but found no breach by the defendant because the alternative mode was not inherently dangerous, the plaintiff was experienced and assisted, there was no evidence of foreseeable risk or prior incidents requiring additional training or system changes; accordingly defendant not liable and claim dismissed.
29 Jan 2021

CHAN YING WAI v. SECRETARY FOR JUSTICE for and on behalf of COMMISSIONER OF CORRECTIONAL SERVICES

Citation

[2021] HKCFI 221
Court

Court of First Instance
Case number

HCPI838/2015

The court found the plaintiff's evidence unreliable and embroidered; accepted defendant's witnesses and contemporaneous records showing the stairway was dry and safety measures (handrails, anti-slip tiles, warning signage, cleaning and inspection) had been taken; concluded the accident was more likely caused by plaintiff's pre-existing spinal and left leg condition and failure to take precautions (contributory negligence); plaintiff failed to prove defendant breached statutory or common law duties and thus claim dismissed; damages quantified only hypothetically for completeness but claim dism…
9 Nov 2016

CHEN QINGQIANG v. CHAN YAT HONG t/a HOI YAT CONSTRUCTION ENGINEERING

Citation

CHEN QINGQIANG v. CHAN YAT HONG t/a HOI YAT CONSTRUCTION ENGINEERING<br>
Court

Court of First Instance
Case number

HCPI238/2015

Although the Third Parties were deemed to have admitted creating an unsafe illegal roof and failing to warn, the court found their defaults were not factually causative of the plaintiff's injuries and that the defendants (employer/contractor) were substantially more blameworthy and causative; accordingly it was not just and equitable to order contribution by the Third Parties.
22 May 2009

LO WAI YIN v. LI CHUN KOU

Citation

LO WAI YIN v. LI CHUN KOU
Court

Court of First Instance
Case number

HCPI26/2006

Court held that private orthopaedic, physiotherapy and psychiatric treatments and the private removal operation were reasonably incurred and causally related to the accident and awarded those costs; found psychiatric injury largely caused by the accident and refused apportionment; declined separate award for future cosmetic surgery for lack of sufficient evidence and likelihood; assessed pre-accident earnings at HK$10,000 per month for loss calculations; awarded total damages HK$1,138,287.70 plus specified interest and costs order nisi with specified disallowances.
18 Oct 2007

MA CHAK YAU v. CHAN WAI MAN AND ANOTHER

Citation

MA CHAK YAU v. CHAN WAI MAN AND ANOTHER
Court

District Court
Case number

DCPI2318/2006

The court accepted the plaintiff's credible evidence that his low back pain and disability were aggravated by about 20% as a result of the accident; accordingly damages for pain, suffering and loss of amenities were assessed on that basis and fixed at HK$80,000. The court disallowed claimed special damages for lack of documentary proof. Interest at 2% from date of writ to judgment and costs of the assessment were ordered.
30 May 2003

X v. Y

Citation

X v. Y
Court

District Court
Case number

DCPI229/2002

Court accepted that the plaintiff's PTSD was caused by the defendant's assault but that depressive symptoms were largely attributable to unrelated marital problems and therefore excluded from compensation; awarded PSLA by analogy to prior local authority at $180,000, loss of 13 months' pre-trial earnings at the plaintiff's prior salary ($117,000), allowed proved hospital fees ($408), future private psychiatric treatment ($20,000), travel ($6,200) and Hong Kong hotel expenses after deduction ($9,774.5), disallowed undocumented Mainland medical costs and Shenzhen hotel charges as mitigation; in…

Hong Kong Case Law

KAN SHUI LAI JOELY v. HOSPITAL AUTHORITY, the Body Corporate having management and control of POK OI HOSPITAL

CHAN YING WAI v. SECRETARY FOR JUSTICE for and on behalf of COMMISSIONER OF CORRECTIONAL SERVICES

CHEN QINGQIANG v. CHAN YAT HONG t/a HOI YAT CONSTRUCTION ENGINEERING

LO WAI YIN v. LI CHUN KOU

MA CHAK YAU v. CHAN WAI MAN AND ANOTHER

X v. Y