Hong Kong Case Law: Decisions & Judgments

Topic

Loss of congenial employment

Legal area

Court

29 Jun 2020

LAI CHI WAI v. TONG HUNG KWOK AND ANOTHER

Citation

[2020] HKCFI 1408
Court

Court of First Instance
Case number

HCPI1235/2014

The court applied the slip rule to correct an omission and awarded interest at 2% per annum from the date of service of the writ to the date of judgment on the awards for loss of congenial employment ($150,000) and loss of society ($150,000) because both are general damages; the court declined to award interest on loss of earnings from 10 January 2019 to 13 November 2019 ($131,250) in order to give effect to the parties' prior agreement to treat the pre-trial period as ending at commencement of trial.
31 Jul 2015

CHAN HANG YING VANESSA v. LO KA WAI

Citation

CHAN HANG YING VANESSA v. LO KA WAI
Court

Court of First Instance
Case number

HCPI58/2012

Liability admitted by consent; court accepted medical causation of neck and left shoulder soft tissue injuries but rejected plaintiff's primary assumption that she would become a full‑time ballet teacher; assessed pre‑trial and future losses against realistic, evidenced earnings and business records, allowed limited future medical costs but rejected claim for steroid injections as not shown necessary, declined awards for loss of earning capacity and loss of congenial employment; total damages fixed at HK$595,444 with interest and costs orders nisi.
13 Apr 2010

YIP CHUNG MAN v. SECRETARY FOR JUSTICE on behalf of THE COMMISSIONER OF POLICE

Citation

YIP CHUNG MAN v. SECRETARY FOR JUSTICE on behalf of THE COMMISSIONER OF POLICE
Court

Court of First Instance
Case number

HCPI485/2001

Liability was admitted; the court accepted medical evidence that there was residual impairment and early degenerative change but found the plaintiff had exaggerated symptoms. On credibility and evidence of promotion procedures the plaintiff failed to prove a real prospect of promotion to inspector and had not established loss of chance to be promoted to sergeant (having declined consideration). The court awarded PSLA $350,000, loss of earning capacity $100,000, loss of congenial employment $100,000, special damages $38,647.50 and future medication $36,680, deducted employees' compensation $18…
31 Oct 2008

LI YUET YEE AND OTHERS v. NG CHI HANG

Citation

LI YUET YEE AND OTHERS v. NG CHI HANG
Court

Court of First Instance
Case number

HCPI451/2006

The court accepted the joint psychiatric opinion of residual PTSD and a 7% whole person impairment, found the Husband's income evidence unreliable but on balance awarded average pre-accident income of $20,000 per month, refused to deduct government disability payments on public policy grounds, accepted need for private psychiatric treatment, and quantified damages by computing pre-trial and future losses from the accepted income figures and reduced post-accident capacity, resulting in a total award of $2,803,320.
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.

Hong Kong Case Law

LAI CHI WAI v. TONG HUNG KWOK AND ANOTHER

CHAN HANG YING VANESSA v. LO KA WAI

YIP CHUNG MAN v. SECRETARY FOR JUSTICE on behalf of THE COMMISSIONER OF POLICE

LI YUET YEE AND OTHERS v. NG CHI HANG

WU WAI WAH v. FUNG KWONG HUNG AND ANOTHER