Hong Kong Case Law: Decisions & Judgments

Topic

Future medical treatment

Legal area

Court

7 Apr 2021

GURUNG MOTI KUMARI v. NEW GLORY (H.K.) LTD

Citation

[2021] HKDC 385
Court

District Court
Case number

DCPI990/2018

The court accepted the plaintiff's complaints as genuine, preferred Dr Wong's medical opinion over Dr Chiang's because it better explained the symptoms and documentary inconsistencies, found the plaintiff unable to resume her pre-accident server duties without significant difficulty, awarded damages for pain and suffering and quantified pre-trial and future losses (using the parties' agreed/conceded multiplier), applied a 5% deduction for contributory negligence, deducted employees' compensation already paid, awarded interest as specified and made a costs order nisi.
10 Jun 2011

WONG YAN LAM v. INTERCONTINENTAL HIRE CARS LTD AND ANOTHER

Citation

WONG YAN LAM v. INTERCONTINENTAL HIRE CARS LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI439/2009

On balance the medical and psychiatric reports together with contemporaneous video surveillance established that the plaintiff suffered soft tissue injuries and PTSD with largely favourable prognosis and only moderate residual symptoms; the court therefore awarded moderate general damages and limited past and future earnings losses, disallowed speculative or inadequately evidenced claims (degree-related future earnings and certain special items), and set quantified awards accordingly.
8 Dec 2008

MANOHAR CHUGH v. YOGA PLUS LTD

Citation

MANOHAR CHUGH v. YOGA PLUS LTD
Court

District Court
Case number

DCPI1064/2008

The plaintiff established on balance that the accident caused a right calf muscle tear and aggravated a pre-existing degenerative L5/S1 condition producing mild residual disability; however residual disability was mild and not wholly caused by the accident. Documentary evidence was insufficient to support claimed pre-accident investment income and many special expense claims lacked receipts. Applying relevant authorities and evidentiary principles the court fixed PSLA at HK$190,000, pre-trial loss at HK$50,000 and special damages at HK$60,089, totalling HK$300,089, awarded interest as directe…
31 Jul 2008

WONG CHUN LAM v. TAI ON CIVIL ENGINEERING LTD

Citation

WONG CHUN LAM v. TAI ON CIVIL ENGINEERING LTD
Court

Court of First Instance
Case number

HCPI937/2006

The court accepted the diagnosis of posttraumatic psychosis due to the head injury, preferred the plaintiff's psychiatric experts and the treating doctor's evidence, found the plaintiff permanently and severely disabled as a consequence of the accident, awarded damages reflecting that finding and ordered judgment for the plaintiff in the sum of HKD 3,684,842 with interest and costs to be taxed and paid by the defendant.
21 Nov 2007

WU WAI WAH v. FUNG KWONG HUNG AND ANOTHER

Citation

WU WAI WAH v. FUNG KWONG HUNG AND ANOTHER
Court

Court of First Instance
Case number

HCPI256/2006

Master found plaintiff credible, accepted medical evidence (including joint expert reports) that plaintiff suffers persistent neurological and psychiatric impairment that materially impairs concentration and prevents driving-related work; refused defendants' belated plea and quantified damages on that basis.
28 Apr 2006

FUNG WAI HAN v. HUI CHIK KEUNG AND ANOTHER

Citation

FUNG WAI HAN v. HUI CHIK KEUNG AND ANOTHER
Court

Court of First Instance
Case number

HCPI383/2002

Defendant's negligence was admitted and, on the evidence, the defendant failed to prove contributory negligence. The court accepted the plaintiff's account and assessed damages by head, allowing reasonable pre-trial and future losses while disallowing unreasonable or unsupported claims (pre-trial housekeeping, future tonic food, extensive laser treatment). The court applied Daly to disallow unpaid housekeeping claims, applied the statutory cap for loss of society, deducted employees' compensation and interim payments (with interest adjustments), and awarded final judgment to the plaintiff in…
20 Jun 2000

LAM MUI v. KALEX CIRCUIT BOARD (HONG KONG) LTD.

Citation

LAM MUI v. KALEX CIRCUIT BOARD (HONG KONG) LTD.
Court

Court of Appeal
Case number

CACV64/2000

The Court of Appeal upheld the trial judge's factual findings—including that the plaintiff exaggerated and fabricated symptoms—and his preference for the defendant's psychiatric evidence; those findings were not shown to be wrong, so the judge's awards for general damages, loss of earnings and future medical treatment were appropriate and the appeal was dismissed.
6 Sept 1976

TSENG TIEN PEI v. CHAN SHUN KWONG AND ANOTHER

Citation

TSENG TIEN PEI v. CHAN SHUN KWONG AND ANOTHER
Court

Court of First Instance
Case number

HCPI1711/1973

On the balance of probabilities the accident accelerated and brought forward symptomatic manifestation of pre-existing degenerative spinal changes (would likely not have manifested for about 10 years), entitling plaintiff to damages for pain and suffering, costs of probable future medical treatment including surgery and physiotherapy, limited awards for loss of earnings and domestic help; credibility shortcomings reduced the award for loss of earnings; interest payable at 8% and costs ordered against first defendant.