Hong Kong Case Law: Decisions & Judgments

Topic

Credit for statutory compensation

Legal area

Court

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.
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.
3 Jun 2010

HO WAN YUNG v. A.S. WATSON & CO LTD

Citation

HO WAN YUNG v. A.S. WATSON & CO LTD
Court

Court of First Instance
Case number

HCPI264/2008

Judge found defendant negligent for providing an inappropriate tool (flat‑faced hammer) and failing to provide safer equipment (ice pick or pointed chisel) such that a reasonably foreseeable risk of the plaintiff's neck/shoulder sprain arose; plaintiff not contributorily negligent; psychiatric disorder not caused by the accident; damages assessed accordingly but action dismissed because statutory employees' compensation credit exceeded the damages awarded.
18 Jan 2010

GURUNG BHIM BAHADUR v. CHEUNG YING CONSTRUCTION ENGINEERING LTD AND ANOTHER

Citation

GURUNG BHIM BAHADUR v. CHEUNG YING CONSTRUCTION ENGINEERING LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI746/2005

The court accepted the plaintiff's persistent residual back condition and medical evidence that, despite some opinions of limited function, he could not realistically return to heavy construction work; the court applied the parties' agreed figures and multiplier, credited employees compensation paid, and awarded net damages accordingly.
29 Jan 2007

LAU CHOI CHUNG v. XIE RENLAN , the Administratrix of the estate of CHAN WAI KIN, deceased AND ANOTHER

Citation

LAU CHOI CHUNG v. XIE RENLAN , the Administratrix of the estate of CHAN WAI KIN, deceased AND ANOTHER
Court

District Court
Case number

DCPI468/2004

Award of damages fixed by head: pain, suffering and loss of amenities HK$120,000; loss of earning capacity nil (no substantial risk proved); future medical expenses HK$95,000 (allowing HK$45,000 for laser resurfacing and HK$50,000 for surgery; declined speculative HK$10,000 item and no award for loss of earnings for convalescence); special damages HK$6,365; total assessed HK$221,365 less credit for Employees' Compensation HK$33,557.88 leaving net award HK$187,807.12 with interest at judgment rate from date of judgment; full statutory credit must be given to 2nd Defendant under s26(1).
28 Nov 2002

SHEK KAM CHING v. PO KEE CONSTRUCTION ENGINEERING LTD. AND OTHERS

Citation

SHEK KAM CHING v. PO KEE CONSTRUCTION ENGINEERING LTD. AND OTHERS
Court

Court of First Instance
Case number

HCPI434/2001

The 1st Defendant's claim was dismissed because there was no evidence it represented the plaintiff's employer, no evidence it had control or knowledge of an unsafe system, and no special circumstances existed to impose a supervisory duty; the plaintiff succeeded against the 3rd Defendant (default judgment previously entered) and quantum was assessed accordingly with credits for employees' compensation received.
21 Oct 2002

LI SAU KEUNG v. MAXCREDIT ENGINEERING LTD. AND ANOTHER

Citation

LI SAU KEUNG v. MAXCREDIT ENGINEERING LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCPI530/2001

Judge found defendants liable for negligent and unsafe system of work obliging a workman to perform hazardous tasks alone and without safety equipment; accepted that plaintiff was struck by a falling pipe causing soft tissue back contusion but rejected that he fell 15 feet and rejected attribution of the L4 lesion to the accident (finding it to be a limbus vertebra/bony spur); contributory negligence rejected; assessed damages accordingly with statutory compensation credit applied.
22 Jan 2002

YAN KWOK YUE v. DONG SHU KEI BEAU

Citation

YAN KWOK YUE v. DONG SHU KEI BEAU
Court

Court of First Instance
Case number

HCPI923/2000

The court accepted the plaintiff's uncontradicted medical evidence establishing causation and significant ongoing physical and psychiatric disability from the assault, and awarded damages on quantified heads (general damages, past and future loss of earnings, future medical expenses, loss of earning capacity, mandatory provident fund contribution, special damages), applying multipliers and crediting statutory compensation, resulting in judgment for the plaintiff for HKD 1,723,570 plus specified interest and costs directions.
12 Oct 2001

LEUNG HING SUM v. YAU LEE CONSTRUCTION CO. LTD. AND OTHERS

Citation

LEUNG HING SUM v. YAU LEE CONSTRUCTION CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCPI422/2000

On assessment the court quantified specific heads of damage (HK$540,000 general damages; HK$723,932 pre-trial earnings; HK$946,596 future earnings; specified special damages and future medical costs), adopted a multiplier of 7 for future loss based on age and employment prospects, allowed specified special items after scrutiny, gave credit for HK$556,586.49 awarded under the Employees' Compensation Ordinance, and ordered net common law damages of HK$1,816,203 with specified interest and costs nisi.
31 Mar 1998

LO CHI BUN v. LEUNG WAH KWAN

Citation

LO CHI BUN v. LEUNG WAH KWAN
Court

Court of First Instance
Case number

HCPI984/1997

Master accepted the plaintiff's evidence and medical reports, placed the injury at the lower end of the serious injury category, accepted census statistics for but-for and post-accident earnings and a multiplier of 12, awarded specified sums for PSLA, pre- and post-trial losses and special damages, ordered interest as specified and required a credit for the Employees' Compensation award.