Hong Kong Case Law: Decisions & Judgments

Topic

Medical causation

Legal area

Court

22 Dec 2025

HUANG WEIHONG v. TAO KEE ENGINEERING COMPANY LTD AND ANOTHER

Citation

[2025] HKCFI 6157
Court

Court of First Instance
Case number

HCPI206/2024

The master did not err in directing that orthopaedic expert evidence on quantum be obtained from a single joint expert. Given the circumstances — the medical issues being usual rather than unusually complex, proportionality and cost considerations, the parties' prior conduct and nominations, and the limits on admitting new evidence on appeal — it was in the interests of justice to order a SJE and to leave the master's choice of SJE undisturbed; appeal dismissed.
23 Jul 2025

LAM KAM HOI v. CHONG KONG LAU trading as 將軍澳環保廢料回收站

Citation

[2025] HKDC 1200
Court

District Court
Case number

DCEC1987/2020

On an overall evaluative assessment of the factual indicia (control, payment, instructions, use and function of the truck, close connections between respondent and Hang Hau and contemporaneous evidence) respondent was the employer on the balance of probabilities; contemporaneous medical records rebutted the Form 9 finding of left shoulder injury causation so 1% LEC applies; total certified sick leave of 583 days stands; monthly earnings found to be HK$23,000; compensation computed accordingly.
21 Jul 2025

HUNG PUI MAN v. INTERCONTINENTAL LIMOUSINE COMPANY LTD

Citation

[2025] HKDC 1211
Court

District Court
Case number

DCPI4214/2022

The claim is dismissed because the plaintiff failed to prove the Accident as pleaded and was an unreliable witness; the defendant's expert evidence that the plaintiff suffered only a minor soft tissue injury and had pre-existing degenerative cervical disease which was not caused or materially aggravated by the alleged Accident was preferred; consequentially no liability for the claimed damages arose and the claim fails.
25 Feb 2025

HUANG XING v. PAN ASIA CONSTRUCTION MACHINERY COMPANY LTD AND ANOTHER

Citation

[2025] HKDC 373
Court

District Court
Case number

DCEC2427/2018

Leave granted to the Applicant to adduce a supplemental SJE report limited to Issues 1 and 2 because the contested medical causation questions (effect of strenuous manual task and altered factual premises regarding PTB and smoking) require medical opinion and the SJE did not address the specific heavier weight; Issue 3 refused because SJE has already considered impairment, loss of earning capacity and sick leave; costs reserved to the trial judge.
21 Jan 2025

ALI MUHAMMAD RAZZAQ v. HUNG TAI ENGINEER COMPANY LTD AND OTHERS

Citation

[2025] HKDC 125
Court

District Court
Case number

DCPI2093/2022

Extension of time to appeal was granted in the exercise of the court’s discretion; clarification from the SJE was permitted only on Issue 2 (impact of specific MRI findings of nerve root impingement at L4/5 and S1 compression on symptoms and fitness for rigger work) because that issue lacked sufficient medical explanation in the SJE report; clarification was refused for Issues 1, 3, 4 and 5 as they were adequately reasoned or were matters for trial fact-finding; costs awarded to defendants as specified.
9 Apr 2024

鄭平對 USA L&H HEALTH INT’L (HK) LTD

Citation

[2024] HKDC 718
Court

District Court
Case number

DCEC2156/2023

Applicant failed to meet the threshold under Order 29 r.11(1)(c): the respondent's CCTV evidence and post‑incident conduct undermined the occurrence and severity of the claimed accident, and the medical reports were insufficient to establish causation or a prospect of substantial compensation; therefore the mid-term payment application is dismissed.
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.
24 Feb 2016

CHAN MEI FUNG v. KWONG FUNG FRESH FRUIT CO LTD

Citation

CHAN MEI FUNG v. KWONG FUNG FRESH FRUIT CO LTD
Court

District Court
Case number

DCEC738/2012

The application was dismissed because reliable contemporaneous documents and credible witness evidence established there was no delivery of bananas on 2 October 2011 and the applicant was not a credible witness; medical evidence favored an alternative diagnosis (radial nerve palsy due to compression in sleep) making injury not a probable result of the alleged workplace accident.
27 Aug 2015

CHAN LEUNG SING v. NG KEUNG AND ANOTHER

Citation

CHAN LEUNG SING v. NG KEUNG AND ANOTHER
Court

Court of First Instance
Case number

HCPI3/2012

Contributory negligence plea rejected because plaintiff used the ladder provided after requesting a platform and there was no evidence a platform was available; plaintiff found capable of returning to employment from 20 August 2010 based on contemporaneous medical notes; awarded PSLA HK$150,000; awarded specified pre-trial loss of earnings (HK$72,600 and HK$79,200) and three months' allowance (HK$39,600) plus MPF loss (HK$9,570) and special expenses (medical, tonic food HK$10,000, travel); rejected mechanical 50% apportionment to pre-existing degeneration and did not award post-25 Sep 2010 lo…
4 Sept 2012

葉耀林對丘福星

Citation

葉耀林對丘福星
Court

Court of First Instance
Case number

HCPI178/2011

Liability was admitted; on the evidence including the agreed orthopaedic report and surveillance and documentary records the claimant's injuries were limited to a minor soft tissue back injury with minimal permanent impairment, the claimant was not credible on severity and income claims, past and future earnings loss was not established, and appropriate awards are $150,000 for pain, suffering and loss of amenity and $500 for proved expenses; interest and costs awarded as specified.