Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Loss of amenity

  • 23 Nov 1984

    CHAN KIN FU v. LEE KAM HUNG AND ANOTHER

    Citation
    CHAN KIN FU v. LEE KAM HUNG AND ANOTHER
    Court
    District Court
    Case number
    DCCJ6844/1984

    The court accepted the medical opinion that splenectomy carries a quantifiable but low probability of life‑threatening pneumococcal septicaemia (approx. 1 in 20 over 25 years) with high fatality; applying the Jones v. Griffith approach and allowing for pain, surgery and six months diminished amenity, the proper award of general damages is $50,000. Special damages were proven in reduced amount $7,026.70 and interest ordered as specified.

  • 29 Oct 1975

    TAO MEI HO v. HUI KWONG YAT

    Citation
    TAO MEI HO v. HUI KWONG YAT
    Court
    Court of First Instance
    Case number
    HCA819/1974

    The judge awarded general damages of $50,000 because, on the facts, a child injured at 3½ with a below‑knee amputation faces lifelong disability, recurring prosthetic costs and adjustments, significant loss of amenities and likely future emotional and matrimonial disadvantages; local comparative authorities and the need to relate awards to Hong Kong standards justified the quantum.

  • GORDON TAYLOR GRAHAM v. P.J. MANSELL

    Citation
    GORDON TAYLOR GRAHAM v. P.J. MANSELL
    Court
    Court of First Instance
    Case number
    HCA1252/1972

    The plaintiff proved the injuries and entitlement to compensation; the court quantified special and general damages, allowed specified heads (special damages HK$24,862.28; leave passages HK$72,800; accommodation HK$40,000; medical HK$4,953; operation A$3,000 converted to HK$19,500; pain and suffering HK$55,000) refused any award for future earnings as speculative, applied deductions (tax HK$73,990; Australian earnings HK$150,575; ex gratia HK$25,800; provident fund deduction HK$35,460; discount on future earnings HK$8,824) and awarded a net lump sum of HK$498,000 (with HK$175,000 already paid…