Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Damage quantification

  • 30 Nov 2007

    NOBLE POWER INVESTMENTS LTD AND ANOTHER v. NISSEI STOMACH TOKYO CO LTD

    Citation
    NOBLE POWER INVESTMENTS LTD AND ANOTHER v. NISSEI STOMACH TOKYO CO LTD
    Court
    Court of First Instance
    Case number
    HCA285/2007

    Although Hong Kong courts had jurisdiction under the contractual and statutory gateways, the court exercised its discretion to set aside leave to serve out because plaintiffs failed to show Hong Kong was clearly and distinctly the more appropriate forum; factors favoring Japan (place of performance, witnesses and documents, applicable company law on director authority, and superior capacity of Japanese courts to assess quantum) outweighed the contractual non-exclusive choice of Hong Kong.

  • 28 May 1982

    YEUNG YUK SIM AND OTHERS v. MAK KAM LIT AND OTHERS

    Citation
    YEUNG YUK SIM AND OTHERS v. MAK KAM LIT AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA5150/1980

    The court found the 1st and 2nd defendants liable in negligence because the driver was proceeding at an excessive speed which was a major cause of the accident; the 3rd defendant (Hong Kong Government) was not negligent because it had taken reasonable steps to provide a safe system of work; the deceased was 50% contributorily negligent for failing to take adequate precautions; damages for lost years were calculated under LARCO using the net income minus personal maintenance approach with an adopted multiplier, producing a gross award which was reduced by contributory negligence and adjusted f…