Hong Kong Case Law: Decisions & Judgments

Topic

Credibility and surveillance evidence

Legal area

Court

4 Apr 2022

CHAN SIU LUNG v. YIP KAM SHUI AND OTHERS

Citation

[2022] HKCFI 970
Court

Court of First Instance
Case number

HCPI354/2019

The court accepted liability but on quantum found no hip fracture, accepted daily wage $1,350 inclusive of MPF with statutory 5% employer contribution for calculation, adopted 24 working days per month, held reasonable sick leave to 11 October 2019 (36 months including 3 months job search), found surveillance and joint medical evidence showed exaggeration of symptoms and that plaintiff could resume pre-accident work with mild reduction in capacity, awarded PSLA HK$540,000, pre-trial loss and MPF HK$1,270,080, loss of earning capacity HK$200,000, no future loss of earnings, allowed agreed spec…
5 Jan 2022

WONG HOI HUNG v. DUNG KAM KIT

Citation

[2022] HKCFI 52
Court

Court of First Instance
Case number

HCPI81/2019

The court preferred the defendant's medical evidence and surveillance evidence showing normal gait and activity, found the plaintiff's complaints of persistent disabling pain exaggerated and not supported by objective findings, fixed reasonable sick leave to May 2019, concluded the plaintiff could return to his pre-accident job with no loss of future earnings or earning capacity, and awarded damages accordingly.
21 Oct 2021

LI KIN TUNG 對 BRILLIANT HOUSE HOLDINGS LTD t/a 輝煌樓海鮮酒家及另一人

Citation

[2021] HKDC 1257
Court

District Court
Case number

DCEC1497/2018

On the balance of probabilities the applicant sustained the alleged wrist injury at work; medical records and credible witness evidence supported injury. The court rejected application of the s9(1A) special formula because applicant was found capable of returning to his pre‑injury managerial role (with minor job modification) and expert opinion was insufficiently reliable when considered against surveillance and contemporaneous records. Loss of earning capacity was assessed at 2%; statutory compensation under s9, s10 and s10A was calculated accordingly and late payrolls were admitted but give…
24 Aug 2018

SIU TIN YAN v. CS IXPRESS.COM LTD t/a GOLDEN DELIVERY CO

Citation

[2018] HKCFI 1950
Court

Court of First Instance
Case number

HCPI359/2013

On the balance of probabilities the court found the plaintiff suffered only a minor/mild right forearm/wrist/elbow soft tissue injury caused by a slight wobble of the loaded handcart; the defendant had provided baskets, a handcart and on‑the‑job instruction and had discharged its common law and statutory duties; the plaintiff exaggerated injuries, lacked credibility and failed to prove employer negligence or statutory breach, therefore the claim is dismissed.
10 Jul 2018

CHAU FUNG YEE v. HOSPITAL AUTHORITY - TAI PO HOSPITAL

Citation

[2018] HKCFI 1589
Court

Court of First Instance
Case number

HCPI876/2015

On the balance of probabilities the judge accepted the evidence of the defendant's witnesses and the CCTV/surveillance evidence and found the plaintiff fabricated the accident and exaggerated injuries; claim dismissed. Alternatively, if the accident occurred it was caused or materially contributed to by the plaintiff's own negligence; defendant not liable.
29 Mar 2018

CHEUNG MAU FA v. REGENT CONSTRUCTION CO LTD

Citation

[2018] HKDC 332
Court

District Court
Case number

DCPI2275/2014

The court found the claimant’s evidence unreliable and that she had exaggerated symptoms; surveillance and contemporaneous medical records supported the defendant’s position. Applying the expert evidence (preferring the orthopaedic and psychiatric assessments that found only mild residual impairment and fitness to return to work), the court assessed damages (PSLA HK$150,000; past earnings HK$81,900; future medical HK$600; special damages HK$2,000 totalling HK$234,500) but reduced by 15% contributory apportionment to HK$199,325. The claim was dismissed on the basis that employees’ compensation…
17 Aug 2017

WONG KWOK WAI v. JARDINE AIR TERMINAL SERVICES LTD

Citation

WONG KWOK WAI v. JARDINE AIR TERMINAL SERVICES LTD
Court

Court of First Instance
Case number

HCPI335/2014

Master preferred the opinion of Dr Lee over Dr Tio, found the Accident caused only a minor soft tissue lumbar injury which had resolved by October 2011, rejected claim of right leg radiculopathy as fabricated or unsupported by objective findings, accepted pre-existing degenerative changes and applied a 30% discount for them, awarded specific sums for PSLA, pre-trial loss and loss of earning capacity, deducted employees' compensation of $428,701.46 resulting in a net negative award, dismissed the plaintiff's claim for further damages and ordered costs against the plaintiff.
10 Aug 2017

WONG KWONG SAN v. LEE CHOI WAN

Citation

WONG KWONG SAN v. LEE CHOI WAN
Court

Court of First Instance
Case number

HCPI700/2010

The court accepted the defendant's contemporaneous evidence (police photos and surveillance video) and the joint expert opinions which found only minor or no objective impairment and attributed much pathology to pre-existing conditions; the plaintiff's absence and failure to contradict that evidence undermined his credibility; accordingly damages were assessed on a modest basis adopting defendant's objective income calculation and expert conclusions resulting in awards of PSLA HK$100,000, pre-trial loss HK$40,000 and special damages HK$10,627 with specified interest and costs directions.
19 Nov 2014

LI MING TAK v. HONG KONG AIRPORT SERVICES LTD

Citation

LI MING TAK v. HONG KONG AIRPORT SERVICES LTD
Court

Court of First Instance
Case number

HCPI860/2009

On the evidence the plaintiff's right shoulder injury stemmed from prior dislocations and the left knee condition was pre-existing; the defendant, once informed in 2007, provided light duties and acted on medical advice; mixed duties for 33 days caused a short-lived aggravation only; surveillance and joint medical examination established that the plaintiff exaggerated symptoms; accordingly defendant liable only for limited, temporary aggravation and damages assessed at HK$325,000 together with interest and costs order nisi.
21 Jun 2013

TJANG SIU THU v. PROFIELD CONSTRUCTION ENGINEERING LTD AND ANOTHER

Citation

TJANG SIU THU v. PROFIELD CONSTRUCTION ENGINEERING LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI149/2011

Plaintiff failed to prove overtime; medical and surveillance evidence establish MMI by Nov/Dec 2008; reasonable sick leave period ends 5 March 2009; plaintiff cannot return to pre-accident construction general work but can seek alternative lower-paid jobs; multiplicand derived as $7,600 - $6,871 = $729; assessed damages total $502,432.08, but after crediting employees' compensation of $637,510.67 there is effectively no net recovery; costs ordered against plaintiff.