Hong Kong Case Law: Decisions & Judgments

Topic

Notice of accident

Legal area

Court

18 Jul 2011

LAU YUK KWAN v. PO LIN MONASTERY

Citation

LAU YUK KWAN v. PO LIN MONASTERY
Court

District Court
Case number

DCEC315/2010

Court accepted applicant's account and found the accident occurred in the course of employment on 30 March 2008; liability established under s5. Court preferred orthopaedic expert Dr Lam's objective, finding minor soft tissue sprain and accepted MAB's 3% permanent loss assessment; dismissed section 18 appeal. Court awarded section 9 compensation of HK$30,456, section 10 periodical payments for 24 months totalling HK$270,720, and section 10A medical expenses HK$6,225, credited prior payments and ordered total judgment sum HK$34,369.10 with interest and costs; declined to extend section 10 paym…
10 Sept 2010

IP YIU v. POLYSTYRENE FOAM PRODUCTS FACTORY LTD Respondent

Citation

IP YIU v. POLYSTYRENE FOAM PRODUCTS FACTORY LTD Respondent
Court

Court of Appeal
Case number

CACV251/2009

The Court upheld the trial judge's factual findings that the applicant struck his neck/upper back at work and that the blow could, on the evidence including medical literature, have caused a delayed spinal epidural haematoma; the respondent failed to displace those findings on appeal, so the trial judgment awarding compensation was affirmed and the appeal dismissed.
14 Oct 1997

SZE LAI MAN v. THE WING ON DEPARTMENT STORES (HONG KONG) LTD.

Citation

SZE LAI MAN v. THE WING ON DEPARTMENT STORES (HONG KONG) LTD.
Court

District Court
Case number

DCEC343/1994

Amendment was allowed because the previous refusal lacked written reasons so the issues were unclear and not necessarily final; there was credible medical evidence that the applicant's psychiatric condition could explain mistakes about dates; the proposed May accident is closely connected to the existing June claim so justice required permitting the amendment; respondent did not establish prejudice attributable to applicant's delay; and the court has discretion under Rule 17(3) and s.14 to permit the amendment subject to trial resolution of prejudice and reasonable excuse.
13 Sept 1978

MUTUAL UNDERWRITERS LTD AND OTHERS v. YU KAM-CHUNG

Citation

MUTUAL UNDERWRITERS LTD AND OTHERS v. YU KAM-CHUNG
Court

Court of Appeal
Case number

CACV19/1978

A notice of accident is not ipso facto privileged; a non-party insurer must demonstrate privilege on its own rights; documents and correspondence created for the purpose of ascertaining factual details of an accident (as opposed to obtaining legal advice) are prima facie relevant and must be disclosed to the extent they were not prepared for legal advice; therefore the appellants' appeal is dismissed and the respondent's cross-appeal allowing disclosure of the notice and relevant correspondence is allowed.
15 Feb 1978

YU KAM-CHUNG v. CHENG WAI-HING AND ANOTHER

Citation

YU KAM-CHUNG v. CHENG WAI-HING AND ANOTHER
Court

Court of First Instance
Case number

HCA2181/1976

A routine notice of accident submitted by the insured to its insurer as part of the insurance claim process is not privileged and must be disclosed; a non-party insurer cannot claim privilege over such a document unless the insurer proves the document was created with the dominant purpose of obtaining legal advice or preparing litigation material; the correspondence was not ruled on and remains to be considered if specifically challenged.

Hong Kong Case Law

LAU YUK KWAN v. PO LIN MONASTERY

IP YIU v. POLYSTYRENE FOAM PRODUCTS FACTORY LTD Respondent

SZE LAI MAN v. THE WING ON DEPARTMENT STORES (HONG KONG) LTD.

MUTUAL UNDERWRITERS LTD AND OTHERS v. YU KAM-CHUNG

YU KAM-CHUNG v. CHENG WAI-HING AND ANOTHER