Hong Kong Case Law: Decisions & Judgments

Topic

Future loss of earning capacity

Legal area

Court

15 Apr 2021

胡創荏對朱遇歡及另一人

Citation

[2021] HKDC 411
Court

District Court
Case number

DCPI1287/2018

Liability having been admitted by default, the court accepted the plaintiff's medical and expert evidence and comparable authorities, adjusted the PSLA to HK$150,000 as appropriate for the injury, awarded past earnings loss of HK$225,000, loss of earning capacity HK$80,000, and special damages HK$20,700, totaling HK$475,700; the court ordered interest as specified and costs to the plaintiff in the sum assessed (HK$230,000).
30 Oct 2014

WONG TIN SHING v. TAM SIU LEUNG t/a YUEN LONG AND ANOTHER

Citation

WONG TIN SHING v. TAM SIU LEUNG t/a YUEN LONG AND ANOTHER
Court

District Court
Case number

DCPI1607/2012

Liability having been previously determined, the court assessed quantum on the evidence and awarded damages on the stated heads: general damages for pain, suffering and loss of amenity HKD 550,000; past income loss HKD 241,670; MPF loss HKD 12,083.5; loss of earning capacity HKD 100,000; other expenses HKD 15,447, totaling HKD 919,200.5. The court applied interest at 2% per annum on general damages from the date of writ and 4% per annum on other damages from the accident date, ordered deduction of prior payments as appropriate and ordered defendants to pay costs to be assessed.
30 May 2012

趙朗賢對黃家傑及另一人

Citation

趙朗賢對黃家傑及另一人
Court

District Court
Case number

DCPI12/2011

Court accepted plaintiff's uncontradicted medical evidence and testimony as to ongoing neck pain; concluded injuries comparable to Chan Siu Youn and awarded PSLA HKD 100,000; limited pre-trial loss to period of certified incapacity to 19 June 2008 awarding HKD 12,650 plus MPF loss HKD 632.50; found a real risk of future employment disadvantage and awarded HKD 24,000 for lost earning capacity; approved special damages HKD 3,135; deducted prior employees' compensation HKD 14,945; ordered interest and costs as specified.
8 Jun 2005

HO TZE HO v. CHUI CHUNG WAH AND ANOTHER

Citation

HO TZE HO v. CHUI CHUNG WAH AND ANOTHER
Court

District Court
Case number

DCPI994/2004

The court rejected the 2nd Defendant's account, found the defendant liable for striking the child on the zebra crossing, but held the 8‑year‑old plaintiff 20% contributorily negligent for running from the safety island without looking; total damages of HKD 460,235.50 were assessed and reduced by 20% to HKD 368,188.40; interest and costs were ordered as specified.
7 Dec 1990

CHAN YUK MEI AND OTHERS v. LAW WAI CHUEN

Citation

CHAN YUK MEI AND OTHERS v. LAW WAI CHUEN
Court

Court of First Instance
Case number

HCA7457/1988

The court accepted the plaintiff's evidence and medical reports as establishing causation for the enumerated injuries (excluding nasal obstruction), adopted a single global award approach, and assessed total damages at $757,098.47 comprising general damages $240,000, pre-assessment loss of earnings $118,145.47, post-assessment loss $243,576 (multiplier 17), loss of earning capacity $53,352, future medical expenses $87,000 and agreed special damages $15,025; interest and costs were awarded as specified.
22 Nov 1988

PANG KWAI WAH v. TSANG KWONG WING

Citation

PANG KWAI WAH v. TSANG KWONG WING
Court

Court of First Instance
Case number

HCA5582/1987

The Master found the plaintiff proved significant pain, ongoing discomfort, loss of amenities and a real and substantial risk of future loss of earning capacity due to monocular vision and peripheral vision loss; applying updated guidelines and comparable authority the court awarded $150,000 for pain and suffering, $150,000 for future loss of earning capacity, $22,500 for future prostheses and $13,200 for future medical expenses (total $35,700), accepted agreed special damages $26,663, deducted prior magistrate compensation $5,000, ordered interest and costs as set out.
16 Oct 1987

LAI YEE KIN v. TOP-CROWN ELECTROPLATING FACTORY LTD.

Citation

LAI YEE KIN v. TOP-CROWN ELECTROPLATING FACTORY LTD.
Court

Court of First Instance
Case number

HCA628/1986

On admitted facts and accepted medical evidence the court fixed general damages at HKD 130,000 for pain, suffering and loss of amenities; awarded pre-trial losses of HKD 14,132 based on statistical wages and employer payments; awarded a global sum of HKD 80,000 for future loss of earnings and capacity; awarded special damages of HKD 2,350 on limited proof; ordered 2% interest on general damages from writ to judgment and 4% on pre-trial loss and special damages from date of accident to judgment; allowed credit for plaintiff's Employees Compensation award of HKD 39,886; awarded costs to plainti…
24 Apr 1987

FOHG PAK LAM v. CHAN TAT TRADING AS TAI YUEN AND THE OFFICIAL RECEIVER AND TRUSTEE OF CHAN TAI TRADING AS TAI YUEN, A BANKRUPT

Citation

FOHG PAK LAM v. CHAN TAT TRADING AS TAI YUEN AND THE OFFICIAL RECEIVER AND TRUSTEE OF CHAN TAI TRADING AS TAI YUEN, A BANKRUPT
Court

Court of First Instance
Case number

HCA2279/1984

On accepted medical evidence of permanent visual disability the court assessed damages by awarding specific sums for pain, suffering and loss of amenities, pre-assessment and future loss of earning capacity using a median-based estimate of expected earnings less actual earnings, awarded special damages, applied specified interest rates to general and special damages, and ordered the defendant to pay costs of the assessment.
13 Nov 1985

LEE MIU LING v. WONG NIM CHEE AND ANOTHER

Citation

LEE MIU LING v. WONG NIM CHEE AND ANOTHER
Court

Court of First Instance
Case number

HCA1947/1984

The court assessed loss by identifying the plaintiff's pre-accident driver earnings at $3,250 per month, accepted post-accident earning capacity at $1,800 per month, treated owner income separately, awarded past loss based on the difference for the relevant period and future loss by applying the agreed 10-year multiplier to the annual difference, and rejected the defendants' submission that only net family business income should determine loss of earnings.