Hong Kong Case Law: Decisions & Judgments

Topic

Credibility and malingering

Legal area

Court

5 Oct 2023

CHAN SIU LUNG v. YIP KAM SHUI t/a YING TUNG ENGINEERING CO AND ANOTHER

Citation

[2023] HKCA 1144
Court

Court of Appeal
Case number

CACV184/2022

Appeal allowed in part because the master, having accepted psychiatric evidence that the plaintiff's fear of heights could be overcome only with further treatment, was wrong to conclude pre-trial loss ended with sick leave; evidence supported a limited period (two years) of partial loss of earnings which must be added to the assessment resulting in an increase of $529,200 and interest, while other findings including award for general damages were left intact.
7 Jul 2023

SO SIN YING v. J. V. FITNESS LTD

Citation

[2023] HKCFI 1792
Court

Court of First Instance
Case number

HCPI1023/2014

On the balance of probabilities the court accepted the plaintiff's account of the accident and physical injury; objective medical evidence did not exclude the plaintiff's complaints and the joint expert evidence supported at least mild to moderate residual symptoms including psychiatric effects partly attributable to the injury; defendant's challenges on malingering and on pre-existing degeneration were insufficient to displace the plaintiff's credibility, and liability was established in favour of the plaintiff.
24 Feb 2021

LAM HON KEUNG v. HONG KONG AERO ENGINE SERVICES LTD

Citation

[2021] HKDC 212
Court

District Court
Case number

DCPI2929/2019

Judge found plaintiff credible, accepted diagnosis of permanent post-concussional syndrome, concluded plaintiff could not return to pre-accident employment, calculated and awarded damages for PSLA, pre-trial and future loss, loss of earning capacity and special damages using the court's chosen income bases and a reduced multiplier (13.55 less 2) for future loss, and allowed credit for employees' compensation received.
29 Oct 2020

ZHANG QUANZHEN v. HUTCHISON HOTEL HONG KONG LTD

Citation

[2020] HKCFI 2721
Court

Court of First Instance
Case number

HCPI741/2018

Court accepted that the Plaintiff sustained the accident at work but found the employer not liable because the task was a simple, routine one for which no special safe system or training was required, the risk was apparent and the Plaintiff should have sought assistance; the Plaintiff was held 50% contributorily negligent and found to have exaggerated and malingered so that psychiatric injury was not established; after discount and set-off against a larger employee's compensation award the Plaintiff's claim was dismissed.
13 Nov 2019

AU YEUNG MUI FAN v. FOOD CONCEPT CO. (sued as a firm)

Citation

[2019] HKDC 1531
Court

District Court
Case number

DCPI2732/2017

The plaintiff's subjective complaints were disbelieved on the basis of surveillance and inconsistency in clinical presentations; objective medical evidence supported only a minor soft tissue injury (buttock/low back contusion, possible minor neck sprain) with a good prognosis; damages were assessed at HK$170,260 and after crediting the HK$300,000 Employees' Compensation settlement no sum was payable by the defendant; costs ordered against the plaintiff on a costs nisi basis.
15 May 2017

PAK SIU HIN SIMON v. J.V. FITNESS LTD

Citation

PAK SIU HIN SIMON v. J.V. FITNESS LTD
Court

Court of First Instance
Case number

HCPI574/2014

On balance the court found the plaintiff sustained only a minor contusion/soft tissue injury, that he had exaggerated symptoms and malingered; while panic disorder was accepted, it did not prevent return to pre-accident work. Accordingly the court awarded PSLA HK$150,000 and pre-trial loss HK$700,000 (7 months), nominal special damages HK$12,000, made no award for future loss or loss of earning capacity, set off employees' compensation HK$795,766.96, and ordered interest and costs as specified.
8 Aug 2014

SO LOY HING v. THE KOWLOON MOTOR BUS CO (1933) LTD

Citation

SO LOY HING v. THE KOWLOON MOTOR BUS CO (1933) LTD
Court

Court of First Instance
Case number

HCPI910/2011

The court found the plaintiff to be an evasive, untruthful and unreliable witness; accepted the joint forensic expert conclusion that injuries were limited to soft tissue contusion and possible minor back sprain with minimal objective pathology and good prognosis; therefore the plaintiff was capable of returning to his pre-accident job as a bus captain, a 12-month sick leave period for compensation purposes was appropriate, and most claimed heads (future earnings, free travel, overnight shift entitlement, gratuities) were dismissed; damages were quantified accordingly and set off against empl…
16 Jul 2014

SUBBA ALVIN ALSO KNOWN AS GURUNG YADAP CHANDRA v. HOUNG KEE (ASIA) LTD AND OTHERS

Citation

SUBBA ALVIN ALSO KNOWN AS GURUNG YADAP CHANDRA v. HOUNG KEE (ASIA) LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI154/2010

The court found on the balance of probabilities that the plaintiff exaggerated symptoms and was malingering based on objective medical evidence, expert consensus, and implausible and repetitive sickness behaviour aimed at obtaining prolonged sick leave; therefore only modest damages appropriate (PSLA HK$80,000 and six months' pre-trial loss), deducted the Employees' Compensation award which exceeded the subtotal, resulting in nil net award; costs ordered for defendants (Order Nisi).
17 Dec 2012

HO KAR CHEE v. TAM KWONG MAN AND ANOTHER

Citation

HO KAR CHEE v. TAM KWONG MAN AND ANOTHER
Court

Court of First Instance
Case number

HCPI439/2007

Master K Lo accepted the defendants' orthopaedic and psychiatric experts (Dr Danny Tsoi and Dr Singer) and the surveillance evidence over the plaintiff's accounts and some plaintiff-appointed opinions, holding the 2006 incident caused a minor right knee soft tissue sprain with minimal residual effect (1% orthopaedic impairment; psychiatric impairment negligible or 1% reducible to 0% with treatment), that the plaintiff's evidence of severity and high earnings was unreliable, and awarding total damages of HK$146,400.70 with specified interest and costs orders.
27 Nov 2008

GURUNG DURGA BAHADUR v. KAM TAI CONSTRUCTION CO LTD AND ANOTHER

Citation

GURUNG DURGA BAHADUR v. KAM TAI CONSTRUCTION CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI304/2004

Liability was by consent; the plaintiff's testimony was found not credible and surveillance and expert evidence established limited but permanent lower back disability precluding heavy manual work; damages were quantified on objective evidence: PSLA HKD340,000; pre-trial loss HKD911,000; future loss HKD747,600; specified special damages and MPF amounts; interest reduced by two years for delay; interim payments of HKD268,180 deducted, resulting in final judgment for HKD2,057,427.76.