Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Inflation adjustment

Legal area

Court

9 Dec 1998

TSUI NUEM v. CHEUNG WAI KUEN

Citation

TSUI NUEM v. CHEUNG WAI KUEN
Court

Court of First Instance
Case number

HCPI374/1998

Master accepted plaintiff's basic salary of $6,500 and found probable commission of $2,500 per month and allowance of one month annual bonus, computed pre-accident median monthly earnings $9,541.66 and escalated to median pre-trial monthly earnings $12,061.14 using 8% per annum inflation; found partial failure to mitigate from end June 1995 and applied a $4,000 per month mitigation deduction escalated to $4,603.40 to trial; gross pre-trial loss calculated as $796,035.24 less mitigation $188,739.40 giving $607,295.84; applied multiplier 3 for future loss to monthly notional earnings $9,373.82…
1 May 1998

CHENG SAM PAK v. THE ATTORNEY GENERAL FOR HONG KONG and Another

Citation

CHENG SAM PAK v. THE ATTORNEY GENERAL FOR HONG KONG and Another
Court

Court of Appeal
Case number

CACV247/1997

The Court held the master's assessment fell within permissible ranges and involved no error in principle: PSLA of HK$500,000 was within the 'serious injury' band and inflation adjustment was not mandatory; the global award of HK$360,000 for future loss of earnings using a HK$2,000 multiplicand and a multiplier of 15 was a legitimate exercise of the master's discretion; therefore the appeal failed except to allow interest on PSLA to run to the date of judgment and to award respondents 90% of costs.