Hong Kong Case Law: Decisions & Judgments

Topic

Loss of society

Legal area

Court

4 Oct 2024

TING KA FUNG v. WONG KAI CHI AND ANOTHER

Citation

[2024] HKDC 1638
Court

District Court
Case number

DCPI3123/2022

The plaintiff's evidence was accepted as credible despite absence of expert evidence; damages were reduced where documentary support or expert proof was lacking. PSLA assessed at HKD 250,000; partial pre-trial earnings awarded HKD 30,000 due to unstable income pattern and lack of proof of total loss; no award for loss of earning capacity because no substantial risk shown; loss of society and specified special items awarded in reduced amounts where receipts supported or amounts reasonable; future medical awarded nominal sum for occasional treatment. Interest and costs ordered accordingly.
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.
28 Oct 2016

LEUNG LEE JASMINE v. GO FRESH (HONG KONG) CO LTD

Citation

LEUNG LEE JASMINE v. GO FRESH (HONG KONG) CO LTD
Court

District Court
Case number

DCPI2425/2014

Judge preferred plaintiff and Dr Wong's evidence that the L4/5 annular tear was caused by the accident, accepted contemporaneous treating records and credibility of witnesses, and assessed damages accordingly: PSLA HK$350,000; loss of earnings HK$35,486; loss of society HK$80,000; special damages HK$82,888; no award for loss of earning capacity or future physiotherapy; interest and costs as ordered.
11 Sept 2009

LAW PING LEUNG v. NG SZE PONG

Citation

LAW PING LEUNG v. NG SZE PONG
Court

Court of First Instance
Case number

HCPI601/2008

Defendant was negligent for failing to keep a proper lookout and that negligence caused the collision; plaintiff was contributorily negligent but to a lesser degree (25%); pre-trial wage payments made by employer as of right extinguished claim for past loss of earnings; damages for PSLA, loss of society, future earnings and future medical expenses assessed and aggregated, reduced by 25% for contributory negligence, with specified interest and costs order.
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.
8 Feb 2007

CHEUNG WAI PING v. CHAN YUEN YEE

Citation

CHEUNG WAI PING v. CHAN YUEN YEE
Court

Court of First Instance
Case number

HCPI668/2005

Judge found defendant negligent for accelerating past an obstructing parked vehicle without being able to see the cycle track mouth and failing to keep a proper lookout; plaintiff was also negligent in emerging into the carriageway where his view was blocked; apportionment two thirds to plaintiff and one third to defendant; damages assessed then reduced by two thirds, producing judgment for HKD 1,178,061.
28 Jun 2000

CHAN YUK v. DRAGAGES ET TRAVAUX PUBLICS (H.K.) LTD.

Citation

CHAN YUK v. DRAGAGES ET TRAVAUX PUBLICS (H.K.) LTD.
Court

Court of Appeal
Case number

CACV89/2000

The Court dismissed the defendants' appeal and allowed the plaintiff's cross-appeal in part, holding the trial judge did not err in principle in exceeding guideline brackets for general damages given the plaintiff's severe cognitive impairment and particular features resembling the disaster category; the accommodation and care awards were not excessive on the evidence; the statutory limit for loss of society is to be applied at the date of trial and that head was increased accordingly.
2 Feb 2000

CHAN YUK v. DRAGAGES ET TRAVAUX PUBLICS (H.K.) LTD. AND OTHERS

Citation

CHAN YUK v. DRAGAGES ET TRAVAUX PUBLICS (H.K.) LTD. AND OTHERS
Court

Court of First Instance
Case number

HCPI1066/1998

Judge assessed quantum after detailed evaluation of medical and vocational evidence, accepting plaintiff's evidence on severity and care needs, applying whole-life multipliers and specific monthly rates for carers and accommodation, awarding gross damages of HKD 13,076,865 and applying defendants' agreed liability of 92% to produce net judgment of HKD 12,030,715; loss of society awarded near but below statutory cap at HKD 35,000; costs on common fund basis and interest to be agreed.