Hong Kong Case Law: Decisions & Judgments

Topic

Failure to mitigate

Legal area

Court

26 May 2020

RAI SURYA PRAKASH v. PACIFIC CROWN SECURITY SERVICES LTD AND ANOTHER

Citation

[2020] HKCFI 917
Court

Court of First Instance
Case number

HCPI1395/2015

The court refused the plaintiff's late application to amend the RSOD as the delay was unjustified and highly prejudicial to the defendants; on facts and expert evidence the plaintiff had exaggerated symptoms, the MRI degenerative changes were largely pre-existing, the prognosis was good and the injury was an uncomplicated soft tissue back contusion, and damages were assessed accordingly (including agreed PSLA of $200,000).
19 Feb 2019

林天林經營雙林工程公司訴園綠有限公司及另一人

Citation

[2019] HKCFI 360
Court

Court of First Instance
Case number

HCSA54/2018

The court refused leave because the tribunal's determinations were essentially factual: although breach (merchantable quality) was found, the tribunal concluded the claimant failed to mitigate and failed to prove the claimed sums; the applicant did not demonstrate any reviewable legal error under s28 Cap.338 to justify leave, so the application for leave to appeal was dismissed.
8 May 2017

LAMYIN BOK BOSCO, A MINOR BY LAM PO YEE, HIS MOTHER AND NEXT FRIEND v. DR CHAN YEE SHING also known as DR CHAN YEE SHING ALVIN

Citation

LAMYIN BOK BOSCO, A MINOR BY LAM PO YEE, HIS MOTHER AND NEXT FRIEND v. DR CHAN YEE SHING also known as DR CHAN YEE SHING ALVIN
Court

Court of First Instance
Case number

HCPI369/2010

Court accepted defendant's liability but made detailed findings on quantum: psychiatric injuries of parents were caused by the original nervous shocks and were compensable; however the severe setback after receipt of the Medical Council letter was held to be objectively irrelevant to the defendant's tort and not recoverable as an aggravation. The Father Care Claim was awarded on the basis of a notional-earnings baseline reduced for part-time earnings ($172,500). The Mother was awarded PSLA and economic heads totalling $935,920; the Father was awarded PSLA and specific heads totalling $293,211…
16 Dec 2009

KWOK CHI KUEN v. LEE CHUNG LICK

Citation

KWOK CHI KUEN v. LEE CHUNG LICK
Court

Court of First Instance
Case number

HCPI1058/2005

Defendant admitted negligent dental treatment; court found plaintiff did not unreasonably fail to mitigate because he sought remedial dental care promptly and lacked funds for private treatment; expert evidence established that subsequent treatments were remedial and reasonable; disputed treatment sessions and items were held recoverable where reasonably incurred and supported by treating experts; quantum assessed accordingly, totalling HKD 1,771,973 with specified interest and costs order nisi.
27 Nov 2003

LUK YEE LAM v. ORASA LIVASIRI

Citation

LUK YEE LAM v. ORASA LIVASIRI
Court

Court of First Instance
Case number

HCPI394/2002

The plaintiff's refusal to undergo the offered anterior cervical fusion surgery was not unreasonable given the equivocal advice, the plaintiff's education and background, family concerns and conflicting medical opinions; consequently there is no reduction for failure to mitigate. The court awarded general damages $400,000, pre-trial loss $222,162.32, post-trial loss $415,680 (multiplier 10 from date of trial), special damages $48,890, totaling $1,086,732.32, with specified interest and costs orders.
13 Dec 1973

YIM KAM CHUNG v. CHAN SHU MAN AND ANOTHER

Citation

YIM KAM CHUNG v. CHAN SHU MAN AND ANOTHER
Court

Court of First Instance
Case number

HCA3222/1972

The taxi driver was negligent in executing a U-turn and striking the plaintiff; the 2nd defendant as owner is vicariously liable; the plaintiff was not contributorily negligent; on the balance of probabilities the plaintiff did not receive physiotherapy nor act promptly to mitigate after being advised, but the court accepted the plaintiff suffered the fracture caused by the collision and awarded damages accordingly.

Hong Kong Case Law

RAI SURYA PRAKASH v. PACIFIC CROWN SECURITY SERVICES LTD AND ANOTHER

林天林經營雙林工程公司 訴 園綠有限公司及另一人

LAMYIN BOK BOSCO, A MINOR BY LAM PO YEE, HIS MOTHER AND NEXT FRIEND v. DR CHAN YEE SHING also known as DR CHAN YEE SHING ALVIN

KWOK CHI KUEN v. LEE CHUNG LICK

LUK YEE LAM v. ORASA LIVASIRI

YIM KAM CHUNG v. CHAN SHU MAN AND ANOTHER

林天林經營雙林工程公司訴園綠有限公司及另一人