Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Deduction of compensation

  • 7 Aug 2015

    LEE LUK PO v. SIN SZE t/a NGAI LUNG IRON WARE ENG

    Citation
    LEE LUK PO v. SIN SZE t/a NGAI LUNG IRON WARE ENG
    Court
    Court of First Instance
    Case number
    HCPI1085/2014

    Court accepted the plaintiff's uncontested evidence and the expert report of Dr Tio, found residual disability and reduced earning capacity, assessed PSLA at HK$280,000, calculated pre-trial and future loss of earnings (including MPF) using accepted daily rates and a Chan Tables multiplier of 17.13, deducted the employees compensation award of HK$141,412 on the basis of near certainty of relief payment, and awarded net damages of HK$2,123,261 with specified interest and costs orders.

  • 28 Jun 2011

    LAU KOON LOI v. WONG WAI SING AND ANOTHER

    Citation
    LAU KOON LOI v. WONG WAI SING AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI445/2007

    Court accepted plaintiff's expert evidence (Dr Tsoi and joint neurosurgical view) that the C5/6 disc protrusion was aggravated by the accident and is responsible for persistent neck and shoulder pain; found 2nd defendant did not intend to reinstate plaintiff and that dismissal caused continued loss; assessed damages accordingly: PSLA $400,000; pre-trial loss $1,508,678; future loss $1,313,398; special damages $55,247; future medical $18,500; interest; less ECC payment $519,134; total judgment $3,252,648.

  • 30 May 1974

    YU YIN v. TAM HING WAI

    Citation
    YU YIN v. TAM HING WAI
    Court
    Court of First Instance
    Case number
    HCA3393/1973

    The court held that res ipsa loquitur established defendant's negligence, assessed dependency at HKD 200 per month with multiplier 10 (gross HKD 24,000 scaled to HKD 19,200), deducted HKD 14,400 paid under the Workmen's Compensation Ordinance leaving HKD 4,800 plus funeral expenses HKD 2,000, but merged the Fatal Accidents claim into the Part 4 claim and awarded the plaintiff a single judgment of HKD 10,200 with costs (costs to be taxed under the Legal Aid Regulations).