Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Liability admission

  • 23 Feb 2022

    YIP CHI KEUNG v. MING TAI CONSTRUCTION ENGINEERING CO LTD AND ANOTHER

    Citation
    [2022] HKCFI 543
    Court
    Court of First Instance
    Case number
    HCPI272/2019

    Court preferred the reasoned opinion of defendants' expert Dr Chiang over plaintiff's expert: medical and imaging evidence supported a diagnosis of left shoulder and elbow soft tissue sprain without clinically significant supraspinatus tear; MRI and clinical course did not establish frozen shoulder causally linked to the accident; plaintiff had largely recovered by early 2017; sick leave properly limited; therefore damages limited accordingly and quantified as set out, with 15% contributory negligence applied and an order nisi given because employees' compensation exceeds the award.

  • 15 Sept 2014

    TSE TSZ CHONG v. LAW SZE MAN

    Citation
    TSE TSZ CHONG v. LAW SZE MAN
    Court
    District Court
    Case number
    DCEC619/2014

    Because liability was admitted but the severity and duration of the injury and the extent of financial hardship were in serious dispute and lacked objective support, the court concluded there was a substantial risk of overpayment if the requested HK$80,000 were awarded; applying the duty to estimate likely damages and to award a reasonable proportion, the court exercised its discretion to order a conservative interim payment of HK$20,000 and made a costs order nisi against the applicant given the respondent's prior offer.

  • 28 Sept 2007

    CHAN KAM PUI v. WONG SIU HUNG AND ANOTHER

    Citation
    CHAN KAM PUI v. WONG SIU HUNG AND ANOTHER
    Court
    District Court
    Case number
    DCPI1920/2006

    Although 1st Defendant was liable for the collision, the Plaintiff was held 30% contributorily negligent for entering a narrow gap in failing light and failing to take simple precautions (eg honking/signalling); damages were assessed at PSLA $100,000, loss of earning capacity $50,000 and special damages $8,612 (total $158,612) and reduced by 30% yielding net award $111,028.40, with specified interest and costs orders.