Hong Kong Case Law: Decisions & Judgments

Topic

Future earning capacity

Legal area

Court

21 Jul 2015

LEUNG HON KIT v. WONG PO HING AND ANOTHER

Citation

LEUNG HON KIT v. WONG PO HING AND ANOTHER
Court

Court of First Instance
Case number

HCPI420/2013

Liability having been determined, the court accepted the plaintiff's evidence and expert opinions that he sustained a malunited distal radius and ulnar styloid non-union with moderate residual pain, limited function and psychiatric adjustment disorder; plaintiff was unable to resume his pre-accident chef and part-time construction work so loss was assessed on that basis; PSLA quantified at HK$280,000 by comparison with authorities; pre-trial loss of earnings computed in segmented periods totalling HK$499,170 plus 5% MPF; post-trial loss of earnings calculated using statutory average wages and…
9 Jun 2005

CHEUNG YU TIN ALVIN v. HO HON KA

Citation

CHEUNG YU TIN ALVIN v. HO HON KA
Court

District Court
Case number

DCPI853/2004

The court found the plaintiff suffered a minor low back soft tissue injury with expected recovery within weeks to months; on the evidence and authorities the residual disability was minimal, PSLA assessed at HKD 25,000, past loss of earnings awarded HKD 1,460 (two days at half pay for loss of chance), special damages HKD 800, no award for future earnings, and judgment entered for HKD 27,260 with specified interest and costs nisi.
11 Oct 2001

LAI KWAN MING v. LEE YIN HING t/a KING YIP CO. AND ANOTHER

Citation

LAI KWAN MING v. LEE YIN HING t/a KING YIP CO. AND ANOTHER
Court

Court of First Instance
Case number

HCPI765/2000

Court accepted the medical evidence that the plaintiff sustained mild residual disability, rejected plaintiff's evidence about post-accident earnings and explanations due to nondisclosure and exaggeration, adopted a notional 22 working days per month, applied three-fifths of the serious injury starting point ($460,000) for PSLA = $276,000, allowed net accrued loss of $194,048, awarded $84,000 for handicap in the labour market, credited ECC payments of $51,840, added agreed special damages and interest, and entered judgment for $556,733.
23 May 2001

YU KOK WING v. LEE TIM LOI

Citation

YU KOK WING v. LEE TIM LOI
Court

Court of Appeal
Case number

CACV139/2000

The Court allowed the appeal in part: the master's general damages award of $275,000 was too low and was increased to $350,000; the master erred in law by refusing any award for future earning capacity for a casual painter because she misapplied the two‑stage test by treating the plaintiff's intention to remain a painter as negating the real risk that his reduced capacity would reduce his ability to obtain casual work; the court quantified future loss as $750 x 15 days x 10 years = $112,500 and ordered interest.
10 Oct 1986

HO PING SHUI v. GREAT WALL HOUSE WARE MANUFACTORY

Citation

HO PING SHUI v. GREAT WALL HOUSE WARE MANUFACTORY
Court

Court of First Instance
Case number

HCA1547/1985

Medical evidence accepted; multiplier/multiplicand approach rejected as speculative because there was insufficient probability plaintiff would have become a cook; court awarded general damages HK$100,000 for pain, suffering and loss of amenities, pre-trial losses totaling HK$16,210 (including a global HK$7,500 sum for uncertain period), future loss HK$60,000 (global), special damages HK$1,600, applied interest (2% on general damages from writ date, 4% on pre-trial loss and special damages from accident date), credited defendant HK$32,800 for E.C. receipts, and ordered costs to defendant with…
27 Feb 1986

WONG CHI WING v. WONG TAK WAI AND ANOTHER

Citation

WONG CHI WING v. WONG TAK WAI AND ANOTHER
Court

Court of First Instance
Case number

HCA4183/1985

The Master held the plaintiff's injuries to fall within the 'substantial' category per Lee Ting Lam and awarded general damages of HKD 130,000 (with interest at 2% from the date of the writ). Past loss of earnings was assessed on evidence and mitigation deducted, totalling HKD 65,929. A global lump sum of HKD 60,000 was awarded for loss of future earning capacity rather than applying a strict multiplicand/multiplier formula. Specific special damages were allowed (hospital HKD 3,810; nutritional HKD 3,500; travel HKD 1,000) with interest on special damages at 3.8% from the date of the accident…
22 Jan 1985

KWONG KAM CHEUNG v. LEE CHEONG DYEING WORKS LIMITED

Citation

KWONG KAM CHEUNG v. LEE CHEONG DYEING WORKS LIMITED
Court

Court of First Instance
Case number

HCA2300/1983

Master held that medical evidence established minimal permanent disability (2%) and that Plaintiff had returned to work and secured higher earnings; awarded general damages of HK$30,000 for pain and suffering, HK$10,000 for handicap in the labour market, special damages of HK$22,765 for past loss and expenses, ordered interest (7% on special from date of accident; 2% on general from service of writ) and a credit of HK$12,215.55 for employer compensation under the Employee Compensation Ordinance.
21 Nov 1984

WONG SHUN CHI v. THAI EAST TEXTILE CO. LTD. AND ANOTHER

Citation

WONG SHUN CHI v. THAI EAST TEXTILE CO. LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA5073/1982

The plaintiff failed to discharge the onus of proving any loss of future earning capacity because she made no effort to seek employment and there was uncontradicted medical evidence she could do factory or sedentary work; however she was entitled to full past loss of earnings for proven periods of incapacity (from date of accident to end of Sept 1982 and for six months following the removal operation), and damages were assessed accordingly.
24 Aug 1983

LAU CHOI v. SZETO WAI HUNG

Citation

LAU CHOI v. SZETO WAI HUNG
Court

Court of First Instance
Case number

HCA3862/1983

Master accepted defendant's liability, found plaintiff suffered specified injuries with 15% whole person impairment for loss of left arm movement and two years loss of expectation of life; rejected claimant's uncorroborated claim of $600/month earnings but accepted modest pocket money and awarded general damages HK$20,000 (including HK$10,000 for two years loss of expectation and HK$3,000 for future earning capacity), allowed specific special damages in reduced amounts (bonesetters HK$2,500; tonic foods HK$660; clothing HK$206.50; son's travelling HK$2,200; plaintiff's travel HK$24; hospital…
27 Jun 1980

RENNY CHO KWOK HUNG v. FUSILIER DONALD EVANS AND OTHERS

Citation

RENNY CHO KWOK HUNG v. FUSILIER DONALD EVANS AND OTHERS
Court

Court of First Instance
Case number

HCA1686/1972

The court accepted that the plaintiff sustained permanent physical and intellectual sequelae from the accident but found most claimed special items unreasonable or unproven; awarded limited special damages (HK$4,680) for one year of extra tuition and six months' medication, awarded general damages by a single global sum (HK$150,000) to cover pain, suffering, loss of amenities and diminution in earning capacity because future earnings could not be reliably quantified, awarded total judgment HK$154,680 with specified interest rates and apportioned costs.