29 May 2025
The court awarded PSLA of HK$250,000 based on the nature of an open comminuted fracture requiring surgery and intramedullary nailing, the postoperative recovery timeline and residual ankle symptoms, and allowed special damages of HK$281,263 on the basis of supporting receipts and records; interest and costs were ordered as specified.
3 Jun 2024
Late amendments to pleadings were permitted as no significant prejudice to the absent defendant was shown; the plaintiff's evidence was found to be exaggerated and contemporaneous hospital, physiotherapy and expert records were preferred; reasonable sick leave was fixed at 132 days to 25 July 2021 (121 recorded intermittent sick days plus 11 physiotherapy visits), pre-trial loss of earnings was assessed on accepted pre-accident income of HK$24,441.67 per month for 132 days resulting in $107,543, PSLA was assessed at $150,000, special damages awarded $11,000, no award for post-trial loss or lo…
30 Dec 2022
The court accepted the plaintiff's evidence as credible and proved on the balance of probabilities that the defendant's push caused the plaintiff's physical injuries; having assessed comparable authorities and the medical and lay evidence the court awarded PSLA HK$250,000, pre-trial loss of earnings and MPF HK$373,593.30 and special damages HK$113,759, with specified interest rates and costs to the plaintiff, taxed if not agreed.
12 Oct 2022
Court preferred the respondent's expert evidence on disability and the documentary payroll records over claimant's uncorroborated cash income allegation; upheld the Board's 0.5% permanent loss of earning capacity; rejected uplift of income to HK$33,000 due to lack of evidence; awarded statutory and common law damages as quantified and dismissed claimant's s18 appeal.
4 Apr 2022
Court accepted police statements, prompt hospital attendance and joint orthopaedic expert report that the plaintiff suffered lower back soft tissue injury consistent with the accident; held accident caused or materially contributed to the injury. Court rejected defendant's reliance on prior accidents as causative because earlier back injuries had materially recovered and other prior incidents were unrelated. Quantum fixed at PSLA HK$90,000, pre-trial loss HK$153,600 and special damages HK$2,295 (total HK$245,895). Interest and costs awarded as specified.
3 Oct 2019
Court found the injuries were serious but the plaintiff made a good recovery placing the case at the lower end of the serious category; accepted plaintiff's monthly pre-injury income as HK$19,240 and entitlement to MPF; awarded PSLA HK$600,000, assessed loss of earnings including MPF HK$672,932.40, allowed specified special damages, deducted EC award of HK$273,800 and ordered interest and costs accordingly.
13 Oct 2017
The court found on the balance of probabilities that the plaintiff suffered a transient soft tissue injury of the right knee on 16 August 2013 but had fully recovered by 4 November 2013; the plaintiff was not credible on continuing symptoms, the single joint expert's opinion was unreliable for failing to address objective records and thus not determinative of ongoing disability, and the IRD records did not support claimed income loss. Accordingly damages were limited to modest PSLA and proven special damages with no award for future loss or loss of earning capacity.
16 Oct 2015
There were no exceptional circumstances to displace the default rule: at the time of issuing the writ it was reasonable for the plaintiff to expect recovery in excess of District Court jurisdiction given objective facial scarring, agreed psychiatric injury linked to disfigurement, potential future loss of earnings and anticipated psychiatric and cosmetic treatment; accordingly costs are awarded to the plaintiff to be taxed on the High Court scale.
18 Sept 2015
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…
21 May 2015
Master Leong found the plaintiff was likely in the vehicle but his credibility was significantly undermined by inconsistent evidence (notably inability to account for numerous bank deposits). Given the subjective nature of the psychiatric diagnosis and the credibility doubts, the court accepted at most a mild psychiatric condition causally related to the accident and awarded reduced PSLA of HK$50,000, special damages of HK$12,080, rejected claims for pre‑trial and future loss of earnings, loss of earning capacity and future medical expenses, and awarded interest and costs as specified.