Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Cosmetic injury

  • 17 May 2019

    SCHMIDT HAILEY DAI v. LAM SIK CHU

    Citation
    [2019] HKCFI 1289
    Court
    Court of First Instance
    Case number
    HCPI773/2015

    Defendant, as occupier, breached the common duty of care under the Occupiers Liability Ordinance by failing to maintain the hot water pipe which detached and caused the plaintiff's scalding injuries; the breach caused the injuries and the plaintiff is entitled to damages in the sums awarded for PSLA, pecuniary losses, future losses, future medical expenses, interest and costs.

  • 10 Jan 2014

    CHUM HOK CHING AND ANOTHER v. CHUNG LAI CHING

    Citation
    CHUM HOK CHING AND ANOTHER v. CHUNG LAI CHING
    Court
    District Court
    Case number
    DCPI887/2011

    Liability having been admitted, court applied the thin skull rule to hold defendant fully liable for aggravation of the 1st plaintiff's pre-existing knee condition; accepted medical and surveillance evidence for knee injuries and awarded PSLA accordingly but rejected unsupported claims for ear, elbow and back. 1st plaintiff's loss of pre-trial earnings and loss of earning capacity were rejected for lack of causal loss. Special damages for 1st plaintiff's motorcycle accepted at market/replacement value. For the 2nd plaintiff court accepted post-concussion syndrome and other injuries, awarded P…

  • 4 Jan 2008

    SHABBINA KHOKHAR v. EUROPE BEAUTY INTERNATIONAL LTD

    Citation
    SHABBINA KHOKHAR v. EUROPE BEAUTY INTERNATIONAL LTD
    Court
    District Court
    Case number
    DCPI579/2007

    The judge accepted the plaintiff's evidence and medical reports that the IPL treatment caused burns with permanent pigmentary changes and limited cosmetic disability; comparing authorities and the nature, location and impact of the injuries the judge assessed PSLA at $120,000, allowed the refund of $10,000 and special damages as claimed where supported, awarded interest as specified and ordered the defendant to pay the plaintiff's costs of the assessment.

  • 31 Jan 2005

    CHAN TSZ SING v. LO CHING PONG AND ANOTHER

    Citation
    CHAN TSZ SING v. LO CHING PONG AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV176/2004

    Appeal allowed in part: the court increased PSLA from $30,000 to $70,000, upheld the trial judge's finding on past loss of earnings of $7,000 and refusal to award future loss or loss of earning capacity, allowed private laser dermabrasion cost on the basis of the expert breakdown at $28,000 while disallowing amounts attributable to pre-existing scars ($13,000) and adjusting follow-up consultations to $14,000, resulting in total medical expenses of $78,668; total damages increased to $160,668; interest and costs directions specified.

  • 28 May 2004

    CHENG WAI CHUN v. CHAN KWAN YIU & ANOTHER

    Citation
    CHENG WAI CHUN v. CHAN KWAN YIU & ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI913/2002

    The court found on the balance of probabilities that the T12 vertebral collapse was caused by the 14 April 2000 accident; awarded a global PSLA of HKD600,000 for ankle, back and scarring, allowed pre-trial earnings for 18 months at HKD5,700/month, limited continuing loss of earnings and reduced claimed economic losses for husband and mother to specified sums, allowed future medical expenses of HKD30,000 and assessed loss of earning capacity at approximately six months' earnings (HKD33,000), resulting in final judgment for the plaintiff for HKD870,268.78 with specified interest and costs direc…

  • 4 Dec 2002

    LEUNG YUK-KWAN v. MAPLE PROFESSIONAL BEAUTY CENTRE LTD.

    Citation
    LEUNG YUK-KWAN v. MAPLE PROFESSIONAL BEAUTY CENTRE LTD.
    Court
    Court of First Instance
    Case number
    HCPI274/2002

    Defendant liable by default for negligent application of treatment causing scald injuries; on assessment of quantum the court awarded compensatory sums after discounting speculative claims and applying established methods for past and future pecuniary loss, resulting in a total award of HK$847,949.75 with specified interest and costs orders.

  • 18 May 2001

    LEUNG PUI YIU v. WONG YIN KUEN AND OTHERS

    Citation
    LEUNG PUI YIU v. WONG YIN KUEN AND OTHERS
    Court
    Court of First Instance
    Case number
    HCPI453/2000

    The Court found that the restaurant (3rd defendant) was negligent because the positioning of the dining table created a foreseeable risk leading to the scalding; the 1st and 2nd defendants are liable only as servants or agents of the 3rd defendant; damages for the plaintiff were properly assessed at $240,051 with costs and interest and enforcement against the 1st and 2nd defendants is to be restrained without leave.

  • 31 Mar 2000

    NG CHI CHUNG v. LAU KAM PING

    Citation
    NG CHI CHUNG v. LAU KAM PING
    Court
    Court of First Instance
    Case number
    HCPI338/1998

    Liability was admitted; having assessed medical and expert evidence and comparable authorities the court awarded global damages of HKD 5,530,369.90, reduced by 20% contributory negligence to HKD 4,424,296. The award included HKD 1,000,000 for pain, suffering and loss of amenities (adjusted upward to reflect severe functional and permanent cosmetic injuries), quantified pre-trial and future earnings losses, loss of earning capacity, special damages, specified future medical treatment, aids, full-time domestic helper and purchase plus adaptation of alternative accommodation, and MPF loss at 5%…

  • 7 Dec 1990

    CHAN YUK MEI AND OTHERS v. LAW WAI CHUEN

    Citation
    CHAN YUK MEI AND OTHERS v. LAW WAI CHUEN
    Court
    Court of First Instance
    Case number
    HCA7457/1988

    The court accepted the plaintiff's evidence and medical reports as establishing causation for the enumerated injuries (excluding nasal obstruction), adopted a single global award approach, and assessed total damages at $757,098.47 comprising general damages $240,000, pre-assessment loss of earnings $118,145.47, post-assessment loss $243,576 (multiplier 17), loss of earning capacity $53,352, future medical expenses $87,000 and agreed special damages $15,025; interest and costs were awarded as specified.

  • 12 Feb 1990

    CHUI PO HING AND ANOTHER v. LO SUEN

    Citation
    CHUI PO HING AND ANOTHER v. LO SUEN
    Court
    Court of First Instance
    Case number
    HCA1434/1988

    Court held that a single comprehensive award for pain, suffering and loss of amenities is the proper approach rather than a separate cosmetic award; applying relevant authorities and comparable cases the court awarded $240,000 for general damages and $432,000 for loss of future earnings (multiplier 6 at $6,000/month), declined an award for loss of earning capacity, awarded specified past losses and assessed total damages at $712,955; interest and costs reserved for further hearing.