Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Employee compensation set-off

  • 31 Oct 2019

    YAM YUEN KWAN EUGENIA v. CONVOY FINANCIAL SERVICES LTD

    Citation
    [2019] HKCFI 2461
    Court
    Court of First Instance
    Case number
    HCPI1173/2015

    The plaintiff was found unreliable due to material inconsistencies between her testimony and contemporaneous hospital records and objective investigations; the court preferred the defendant’s orthopaedic and psychiatric expert opinions that the office accident caused only a low‑impact contusion with mild residual back pain related largely to pre‑existing degeneration, resulting in limited past loss and no future loss or loss of earning capacity; assessed damages totalled HKD 309,010 which is fully offset by employee compensation of HKD 465,918, leaving no payable award to the plaintiff.

  • 18 Dec 2017

    莫錦平 對 葉家啓及另一人

    Citation
    莫錦平 對 葉家啓及另一人
    Court
    Court of Appeal
    Case number
    CACV215/2016

    The court exercised its discretion to order security for costs because the appellant failed to disclose finances and was shown to be unable to pay adverse costs, and the appellant did not demonstrate sufficiently strong grounds of appeal to outweigh the requirement for security; accordingly the appellant was ordered to deposit HK$150,000 within 35 days, the appeal was stayed until payment and notice, and failure to pay would result in dismissal and summary assessment of costs against the appellant.

  • 7 Jul 2017

    DAVID JOHN SLATER v. COMMISSIONER OF POLICE

    Citation
    DAVID JOHN SLATER v. COMMISSIONER OF POLICE
    Court
    Court of First Instance
    Case number
    HCPI646/2012

    Judge accepted joint orthopaedic experts that plaintiff suffered L5/S1 disc extrusion with ongoing risk but was fit for managerial office duties from July 2012; awarded PSLA at claimed level ($250,000) but rejected most claims for loss of full-time earnings and fringe benefits after mutual termination because termination was voluntary and not caused by the injury; awarded MPNCC allowance loss only for the period to mutual termination, accepted defendant's concession of $80,000 for loss of earning capacity, set off employees' compensation of $99,072 and awarded interest and costs orders nisi.