Hong Kong Case Law: Decisions & Judgments

Topic

Credibility and exaggeration

Legal area

Court

31 May 2021

TSE LAI SING v. TUNG WAH GROUP OF HOSPITALS

Citation

[2021] HKDC 643
Court

District Court
Case number

DCEC1754/2016

Court found applicant had exaggerated physical and psychiatric complaints, preferred respondent's experts on extent of permanent impairment, assessed orthopaedic permanent loss at 2% and psychiatric permanent loss at 0%, endorsed six months' sick leave, and calculated compensation accordingly; Board's 4% figure was not binding given s18 appeal and court started afresh on evidence.
9 Aug 2019

CHEUNG SAU LIN v. TSUI WAH EFFORD MANAGEMENT LTD

Citation

[2019] HKCFI 1960
Court

Court of First Instance
Case number

HCPI505/2017

The court preferred the independent expert opinions of Dr Chun (orthopaedics) and Dr Yu (psychiatry) over those accepting the plaintiff's subjective complaints, finding only minor contusions to the right hand and both knees and adjustment disorder with depressed mood of minimal severity; the plaintiff had recovered from physical injury by six weeks post-Accident, was fit to return to pre-accident work, and her ongoing chronic nonstop pain claims were exaggerations. Damages were assessed on that basis, with specified awards for PSLA, pre-trial loss and special damages, less deduction for advan…
30 Apr 2015

LAU WING YEUNG v. KOWLOON CRICKET CLUB

Citation

LAU WING YEUNG v. KOWLOON CRICKET CLUB
Court

Court of First Instance
Case number

HCPI955/2013

Master found the accident caused only a mild soft tissue back injury; MRI degeneration was likely pre-existing; plaintiff exaggerated symptoms and concealed a separate road traffic accident; defendant had accommodated return to work; therefore most claimed losses were not caused by the accident. Applied comparable precedents to fix PSLA at HK$90,000, awarded pre-trial loss HK$75,600 and special damages HK$5,960, set total against Employees Compensation of HK$312,000 resulting in a net award of HK$0 and ordered costs to defendant (nisi) to be taxed.
14 Jul 2014

GURUNG DEVCHANDRA v. PACIFIC CONSTRUCTION (HK) CO LTD AND OTHERS

Citation

GURUNG DEVCHANDRA v. PACIFIC CONSTRUCTION (HK) CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI138/2011

Court preferred defendants' orthopaedic evidence (Dr Lam) that the MRI showed multi-level degenerative disc disease and not nerve root compression from an acute traumatic disc injury; found plaintiff exaggerated symptoms, awarded damages for a soft tissue back injury with appropriate sick leave allowing return to work after about nine months, calculated PSLA at HK$160,000 and assessed pre-trial and future losses as set out, set off employees' compensation of HK$275,000 and ordered interest and costs accordingly.
24 Jun 2008

LAI HON CHIU v. CHOY KAM TIM

Citation

LAI HON CHIU v. CHOY KAM TIM
Court

Court of First Instance
Case number

HCPI260/2007

Plaintiff suffered only soft tissue injuries to neck and chest and contusion to lower back which had reached maximal recovery by September 2007; the plaintiff was found to have exaggerated symptoms and was able to resume his pre-accident, primarily supervisory, dim-sum role by October 2007 (reasonable sick leave to end June 2007 with a further transitional period); pre-accident average monthly earnings assessed at HK$18,727; post-accident monthly payments of HK$10,000 treated as partial wages and deducted; awards granted accordingly (PSLA HK$220,000; pre-trial loss HK$125,724; MPF HK$6,286; l…
7 Jul 2006

HU KAI MEI MILDRED v. PANG YUN SHING AND ANOTHER

Citation

HU KAI MEI MILDRED v. PANG YUN SHING AND ANOTHER
Court

District Court
Case number

DCPI1056/2004

Judge found the plaintiff sustained contusion injuries with mild residual numbness of the left index/thumb and slight radial deviation causing minor grip weakness; rejected the claim of PTSD as not established on the facts and timing and found the plaintiff had exaggerated residual disabilities; awarded damages by reference to comparable authorities and individual heads: PSLA $125,000, pre-trial loss $27,720, loss of earning capacity $40,000, future medical $2,400, special damages $17,578, total $212,698 plus interest and costs.
15 Sept 2005

PHOON KA WAI v. WONG KA CHUNG AND ANOTHER

Citation

PHOON KA WAI v. WONG KA CHUNG AND ANOTHER
Court

Court of First Instance
Case number

HCPI768/2003

Although the court found instances of exaggeration based on video evidence, the uncontroverted medical evidence established genuine and significant residual physical and psychiatric injury amounting to a serious injury; the claimant was entitled to full compensation for PSLA, past and future economic losses and certain special damages, but future private medical costs were limited given public sector alternatives; interim payment was deducted and interest and costs awarded.
21 Mar 2003

AU YEUNG MIU SUM v. TSANG KWONG WAI AND ANOTHER

Citation

AU YEUNG MIU SUM v. TSANG KWONG WAI AND ANOTHER
Court

Court of First Instance
Case number

HCPI244/2001

Liability having been established, the court found the physical injuries were minor and largely resolved; the plaintiff developed a mild psychosomatic disorder partly due to her belief and excessive treatments, and partly exaggerated symptoms. The psychosomatic condition rendered her unfit to continue as a bus driver but did not prevent basic manual or sedentary work. The court therefore awarded PSLA and quantified pre-trial and future lost earnings with deductions for income received and notional alternative earnings, allowed a limited set of reasonable medical and travel expenses, reduced o…
5 Nov 2002

LI KWOK LO v. CAFé DE CORAL HOLDINGS LTD.

Citation

LI KWOK LO v. CAFé DE CORAL HOLDINGS LTD.
Court

Court of First Instance
Case number

HCPI804/2001

On the facts the defendant failed to provide a safe system of work by requiring or permitting two heavy, handleless containers to be carried up stairs without adequate instruction; this breach caused the plaintiff's injury; there was no contributory negligence; damages awarded but reduced on medical evidence favouring defendant's expert.