Hong Kong Case Law: Decisions & Judgments

Topic

Emotional distress damages

Legal area

Court

28 Nov 2024

陳詠琴對第一流行鋼琴教室有限公司

Citation

[2024] HKDC 2046
Court

District Court
Case number

DCEO3/2024

Default judgment having been entered for claimant, the court assessed damages at HK$95,000 for injury to feelings and HK$48,000 for loss of earnings (three months' salary). The court adjusted Vento bands by converting 2002 GBP to HKD using the 2002 exchange rate and then applying Hong Kong CPI inflation to 2024. The discriminatory act was a single but serious incident proximate to notification of disability; conduct of respondent in litigating without defence and failing to apologise constituted special circumstances justifying an order for costs. Interest rates and calculation periods were s…
30 Sept 2008

SHUN KAI FINANCE CO LTD (In Compulsory Liquidation) AND OTHERS v. JAPAN LEASING (HONG KONG) LIMITED (In Creditors\' Voluntary Liquidation)

Citation

SHUN KAI FINANCE CO LTD (In Compulsory Liquidation) AND OTHERS v. JAPAN LEASING (HONG KONG) LIMITED (In Creditors\' Voluntary Liquidation)
Court

Court of First Instance
Case number

HCA13826/1998

The 3rd plaintiff's claim was struck out because she abandoned reflective loss claims and in any event failed to plead a special relationship or assumption of responsibility necessary to recover pure economic loss; non‑physical emotional distress damages were not recoverable on the pleaded facts; the proposed re‑amendments disclosed no reasonable cause of action and leave to amend was refused.

Hong Kong Case Law

陳詠琴 對 第一流行鋼琴教室有限公司

SHUN KAI FINANCE CO LTD (In Compulsory Liquidation) AND OTHERS v. JAPAN LEASING (HONG KONG) LIMITED (In Creditors\' Voluntary Liquidation)

陳詠琴對第一流行鋼琴教室有限公司