Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Future loss

  • 13 Apr 2017

    CHIU BUN LIT 對 HARRIS DEVELOPMENT CO LTD

    Citation
    CHIU BUN LIT 對 HARRIS DEVELOPMENT CO LTD
    Court
    Court of First Instance
    Case number
    HCPI579/2014

    Court assessed and awarded damages as follows: pain, suffering and loss of amenity HK$600,000; pre-trial loss of earnings HK$353,600; future loss of earnings HK$247,728; other expenses HK$5,000; total HK$1,206,328. Court accepted claimant has lost all earning capacity but made no separate additional award for that head. Interest to be applied as specified and defendant ordered to pay damages and costs.

  • 18 Sept 2015

    WONG CHI HANG v. LING SIU CHING AND ANOTHER

    Citation
    WONG CHI HANG v. LING SIU CHING AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI562/2013

    The court accepted the plaintiff's business records as an honest, if imperfect, basis for estimating pre‑accident earnings; applied 4% growth for 2010–2012 and 5% for 2012–2015 to calculate pre‑trial losses, deducted HK$3,000 per month for reduced earning capacity for the period 24 Oct 2012 to trial, found the plaintiff unable to return to driving and awarded future loss based on a notional pre‑accident earning capacity of HK$40,000 net per month reduced to a sedentary baseline of HK$8,000, applied a multiplier of 18.77 to the net monthly shortfall, deducted probable profits tax, and awarded…

  • 4 Nov 2014

    NG TIN CHUEN v. 黃宗強 AND OTHERS

    Citation
    NG TIN CHUEN v. 黃宗強 AND OTHERS
    Court
    Court of First Instance
    Case number
    HCPI209/2013

    The court awarded PSLA at HK$300,000 as the injury was less severe than comparative calcaneum fracture cases that required surgery; pre‑trial loss was calculated from the EC finding of nominal income HK$17,000/month for 510 days plus one month job seeking and reduced post‑injury earning capacity of HK$8,800/month for the intervening period, producing pre‑trial loss HK$613,500 and post‑trial loss HK$650,424 using a multiplier of 6.61 at 1% discount; MPF loss fixed at 5% of pecuniary losses; claim for loss of earning capacity refused due to plaintiff's lack of ongoing employment and initiative;…

  • 11 Jul 2011

    THAPA SURENDRA v. E W COX HONG KONG LTD AND ANOTHER

    Citation
    THAPA SURENDRA v. E W COX HONG KONG LTD AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI451/2009

    The court found the employer negligent for leaving employees to improvise hazardous systems to obtain and transfer heavy water containers, that the plaintiff was not contributorily negligent, that the joint medical evidence was flawed and overstated the earlier injury, and that the May 23 2005 accident solely caused the claimant's ongoing back condition; accordingly judgment was entered for the plaintiff with assessed damages and interest.

  • 28 Jun 2011

    LAU KOON LOI v. WONG WAI SING AND ANOTHER

    Citation
    LAU KOON LOI v. WONG WAI SING AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI445/2007

    Court accepted plaintiff's expert evidence (Dr Tsoi and joint neurosurgical view) that the C5/6 disc protrusion was aggravated by the accident and is responsible for persistent neck and shoulder pain; found 2nd defendant did not intend to reinstate plaintiff and that dismissal caused continued loss; assessed damages accordingly: PSLA $400,000; pre-trial loss $1,508,678; future loss $1,313,398; special damages $55,247; future medical $18,500; interest; less ECC payment $519,134; total judgment $3,252,648.

  • 17 Jun 2011

    HA KA HEI v. DÉCOR ONE DESIGN & ENGINEERING LTD

    Citation
    HA KA HEI v. DÉCOR ONE DESIGN & ENGINEERING LTD
    Court
    Court of First Instance
    Case number
    HCPI105/2010

    Assessment proceeded in defendant's absence. The court found the plaintiff credible and awarded damages as follows: PSLA HK$400,000; pre-trial loss of earnings and MPF HK$403,852.80; future loss of earnings and MPF HK$1,265,846.40; special damages HK$1,500; loss of future career advancement HK$100,000. Gross damages HK$2,171,199.20. Deductions: employees compensation HK$775,254.67 and advance payments HK$20,500.00, leaving a net total to date before interest of HK$1,375,444.53. Interest and costs ordered as directed.

  • 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.

  • 8 Oct 2008

    TSUI NGA YEE v. CHAN YING YIN

    Citation
    TSUI NGA YEE v. CHAN YING YIN
    Court
    Court of First Instance
    Case number
    HCPI1100/2005

    The court awarded damages on quantum grounds because the plaintiff had sustained serious and lasting injuries (multiple operations with further surgeries pending) and had not acted unreasonably in not returning to work; the court fixed PSLA at $600,000, full pre-trial loss of earnings and MPF because mitigation burden not discharged by defendant, adopted a multiplier approach for future taxi costs and awarded specified sums for future medical care, domestic assistance, travel and other items; interest and costs were ordered as set out in judgment.

  • 17 Sept 2008

    TAMANG RABICHANDRA v. VSL SWC (a firm) AND ANOTHER

    Citation
    TAMANG RABICHANDRA v. VSL SWC (a firm) AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI659/2007

    The judge found liability admitted but concluded the plaintiff had exaggerated symptoms and that his present discomfort and incapacity were largely due to a developing degenerative lumbar condition which the accident had accelerated; damages were assessed taking that contribution into account resulting in awards for PSLA (HK$150,000), pre-trial loss of earnings after 45% reduction (HK$183,769), future loss of earnings using a multiplier of 8 (HK$756,000), miscellaneous expenses HK$14,000, less EC payment HK$259,060, total HK$844,709, with interest and costs ordered nisi.

  • 25 Aug 2008

    WONG TSAN MING v. TSE CHI MAN AND ANOTHER

    Citation
    WONG TSAN MING v. TSE CHI MAN AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCPI73/2007

    Master Levy found the plaintiff recovered to walk unaided with a noticeable limp, was unfit for strenuous painting work until implant removal but could have and should have resumed more remunerative light supervisory work by December 2007, rejected separate award for future knee replacement for lack of persuasive medical evidence and rejected claim for resale loss and loss of profit; assessed PSLA at HK$500,000, pre-trial and future losses quantified (multiplier 10) and entered judgment for HK$2,689,647.14 with interest and costs as ordered.