13 May 2015
The Court held the trial judge did not err in preferring the single joint expert over the plaintiff's evidence, and the 30% reduction for a pre-existing ankle injury in assessing future loss was justified; the appeal was dismissed with costs.
19 Jun 2013
On the objective test at commencement the plaintiff did not have a reasonable prospect of recovering more than the District Court limit given the trivial mechanism, soft tissue nature, lack of objective findings, expert opinions that she could return to prior work and the instability of claimed earnings; therefore costs of the action (except costs of this application) are to be taxed at District Court scale.
4 Sept 2009
On the unchallenged evidence the Plaintiff proved entitlement to damages; the court fixed pre-accident net monthly earnings at HK$12,000, assessed monthly loss at HK$7,000, applied a multiplier of 15 to future loss of earnings yielding HK$1,260,000, assessed PSLA at HK$300,000, loss of earning capacity at HK$50,000, allowed special and future medical expenses as claimed including HK$65,000 for anticipated surgery, awarded total damages of HK$1,698,060, ordered interest and costs as specified.
29 Apr 2009
PSLA fixed at HK$100,000 because the injury was less serious than several cited authorities and comparable to Chan Hung Hang; lump sum claim for loss of future earnings disallowed for lack of multiplier/multiplicand calculation and because plaintiff returned to alternative work earning the same amount; loss of earning capacity awarded as eight months' current income (HK$62,400) based on accepted monthly income; interest and costs ordered as specified.
7 Aug 2006
The court found the claimant more likely to have worked 23 days/month pre-accident, his injury warranted PSLA of HK$300,000 (higher than fracture cases but below claimant's ask), no separate award for loss of earning capacity was appropriate to avoid double recovery, multiplier of 14 applies to future loss using his current earnings, future driving employment is unsuitable given pain risk, ECC of HK$195,480 is deductible and the award is reduced by the claimant's 30% contributory share.
15 Jul 2005
The Court held that the judge was entitled to find the plaintiff was not wholly incapacitated, that the plaintiff failed to mitigate by not seeking available office work after 2000, and that the plaintiff bore some responsibility for the accident because he knew canvases could conceal holes; accordingly the plaintiff's appeal was dismissed and the defendant's cross-appeal succeeded in part with damages reduced by 15% for contributory negligence.
24 Feb 2001
Liability having been admitted, the court found the plaintiff's injuries fell within the substantial injury category and awarded HK$800,000 for pain and suffering and loss of amenities; found no award for pre-trial earnings or for quantifiable future earnings based on an assumed police career; allowed HK$100,000 for loss of earning capacity (permissible despite not pleaded because facts were adduced without objection); awarded agreed special damages including carers' loss of income; directed specified interest rates and made costs orders for assessment.
15 Nov 2000
Appeal allowed; master erred in refusing any award for future loss of earnings because even if plaintiff could work as a waiter his residual disability would reduce his likely earnings and prospects; court fixed prospective monthly earnings at HK$8,000, applied a multiplier of 12, added allowance for employer MPF contributions and an assessed loss of earning capacity (one month per year over 12 years), resulting in an increase of HK$594,248 to damages.
10 Aug 1999
Master applied the medical evidence and relevant precedents to fix PSLA at $250,000 for a soft tissue lower back injury falling below the 'serious injury' category; past losses were calculated from proven monthly earnings with CPI adjustments totalling $140,504.85; future loss was calculated as 5% of adjusted monthly earnings with a multiplier of 11 totalling $82,173.96; medical and travel expenses were allowed; the Employees' Compensation award of $105,460 was deducted; and interest and costs were awarded to the plaintiff accordingly.
23 Sept 1998
Master found the plaintiff suffered a permanent prolapsed disc with nerve compression and scarring placing him within the serious injury category; accepted plaintiff's credibility on medical impairment notwithstanding some exaggeration; fixed PSLA at $530,000 reduced to 82% liability ($434,600); found historic pre-accident earnings $13,200/month and likely current earnings $15,950/month, awarded past and future loss calculations with multiplier 9, awarded modest loss of earning capacity $80,000 (reduced to 82% = $65,600), ordered medical expenses and applied credits and interest, producing a…