Hong Kong Case Law: Decisions & Judgments

Topic

Credibility and symptom exaggeration

Legal area

Court

7 Jun 2024

MOHAMMAD AYAZ v. TAM KAM WING AND ANOTHER

Citation

[2024] HKDC 912
Court

District Court
Case number

DCPI1583/2022

The court rejected the plaintiff's oral evidence as substantially dishonest and unreliable in its entirety except for admissions and independently corroborated documentary evidence; therefore damages were assessed on the basis of mild soft tissue neck/back injuries: PSLA HK$60,000; pre-trial loss of earnings HK$115,650 (HK$20,000 x 6 months less IRD-recorded HK$4,350); special damages HK$19,990; future loss of earnings nil. Interests awarded as agreed by parties and an Order Nisi made for costs on a full indemnity basis to be taxed with a certificate for one counsel; damages payable by defend…
18 Sept 2023

LO CHUI YUK v. GOLD WIN ENGINEERING LTD AND OTHERS

Citation

[2023] HKCFI 2352
Court

Court of First Instance
Case number

HCPI279/2021

The court found the plaintiff had grossly exaggerated symptoms and to a significant extent malingered; on the medical evidence and surveillance the plaintiff at most has mild residual shoulder ache on prolonged exertion; 70% of the shoulder condition was attributable to the Accident (30% to pre-existing degeneration); reasonable sick leave was limited to 31 August 2020 with allowance to 20 October 2020 to seek employment; the plaintiff is capable of returning to her pre-accident job; awarded PSLA $200,000 discounted 30% to $140,000; awarded pre-trial loss of earnings and MPF $502,320; medical…
29 Oct 2010

GURUNG LACHHAMAN v. GURUNG CHANDRA PRAKASH t/a METRO CONSTRUCTION CO AND OTHERS

Citation

GURUNG LACHHAMAN v. GURUNG CHANDRA PRAKASH t/a METRO CONSTRUCTION CO AND OTHERS
Court

Court of First Instance
Case number

HCPI672/2008

Plaintiff sustained mild soft tissue contusion to the low back and a superficial right knee abrasion which would recover with conservative treatment; MRI degenerative changes were pre-existing and not aggravated by the incident; plaintiff exaggerated symptoms and therefore loss beyond 28 November 2006 is not proved; awarded damages accordingly: PLSA HK$120,000; pre-trial loss including employer MPF HK$156,009; special damages HK$8,425; total HK$284,434 less Employees Compensation payment HK$204,386 leaving balance HK$80,048; interest at 2% p.a. from date of Writ to judgment and costs on Distr…
6 Jun 2007

TAM FU YIP FIP v. SINCERE ENGINEERING & TRADING CO LTD

Citation

TAM FU YIP FIP v. SINCERE ENGINEERING & TRADING CO LTD
Court

Court of First Instance
Case number

HCPI473/2006

On the medical evidence and surveillance, the court found the plaintiff sustained only a minor soft tissue back injury in the fall; the pre‑existing degenerative lumbar condition was neither caused nor exacerbated by the accident; the plaintiff was grossly exaggerating his symptoms and was capable of returning to his former employment, so no award for loss of earning capacity or post‑trial loss was appropriate; awarded PSLA HK$75,000 and pre‑trial loss HK$450,450 plus agreed special and incidental damages, applied statutory compensation credit of HK$262,191 and entered judgment for HK$286,129…

Hong Kong Case Law

MOHAMMAD AYAZ v. TAM KAM WING AND ANOTHER

LO CHUI YUK v. GOLD WIN ENGINEERING LTD AND OTHERS

GURUNG LACHHAMAN v. GURUNG CHANDRA PRAKASH t/a METRO CONSTRUCTION CO AND OTHERS

TAM FU YIP FIP v. SINCERE ENGINEERING & TRADING CO LTD