Hong Kong Case Law: Decisions & Judgments

Topic

Future care and accommodation

Legal area

Court

14 May 2024

LIU RUISHAN by WU WEIXIA her next friend v. FU YICK FAI

Citation

[2024] HKCFI 1278
Court

Court of First Instance
Case number

HCPI165/2021

Judge awarded damages to plaintiff: waived Hong Kong hospital fees are recoverable because HA had reserved rights and put waiver under review; the appropriate multiplier for future expenses is 4 based on expert life expectancy and Chan Table methodology; it was unreasonable to require long‑term treatment in Hong Kong for a non‑resident given family ties, logistical and immigration issues and available Mainland alternatives; quantified specific heads accordingly and refused fund manager costs.
3 Jul 2009

HUI FUNG PING v. HOSPITAL AUTHORITY

Citation

HUI FUNG PING v. HOSPITAL AUTHORITY
Court

Court of First Instance
Case number

HCPI589/2008

The court refused leave to call the orthopaedic surgeon Dr Wong and the occupational therapists because the issues could be resolved from the materials already before the trial judge; instead the court ordered supplemental filings on future accommodation and revised cost tables and made directions on listing and costs.
28 Jun 2000

CHAN YUK v. DRAGAGES ET TRAVAUX PUBLICS (H.K.) LTD.

Citation

CHAN YUK v. DRAGAGES ET TRAVAUX PUBLICS (H.K.) LTD.
Court

Court of Appeal
Case number

CACV89/2000

The Court dismissed the defendants' appeal and allowed the plaintiff's cross-appeal in part, holding the trial judge did not err in principle in exceeding guideline brackets for general damages given the plaintiff's severe cognitive impairment and particular features resembling the disaster category; the accommodation and care awards were not excessive on the evidence; the statutory limit for loss of society is to be applied at the date of trial and that head was increased accordingly.
31 Mar 2000

NG CHI CHUNG v. LAU KAM PING

Citation

NG CHI CHUNG v. LAU KAM PING
Court

Court of First Instance
Case number

HCPI338/1998

Liability was admitted; having assessed medical and expert evidence and comparable authorities the court awarded global damages of HKD 5,530,369.90, reduced by 20% contributory negligence to HKD 4,424,296. The award included HKD 1,000,000 for pain, suffering and loss of amenities (adjusted upward to reflect severe functional and permanent cosmetic injuries), quantified pre-trial and future earnings losses, loss of earning capacity, special damages, specified future medical treatment, aids, full-time domestic helper and purchase plus adaptation of alternative accommodation, and MPF loss at 5%…

Hong Kong Case Law

LIU RUISHAN by WU WEIXIA her next friend v. FU YICK FAI

HUI FUNG PING v. HOSPITAL AUTHORITY

CHAN YUK v. DRAGAGES ET TRAVAUX PUBLICS (H.K.) LTD.

NG CHI CHUNG v. LAU KAM PING