Hong Kong Case Law: Decisions & Judgments

Topic

Past loss of earnings

Legal area

Court

4 Apr 2022

YUEN CHIU FUK 對 WONG MING

Citation

[2022] HKDC 167
Court

District Court
Case number

DCPI822/2018

Court accepted police statements, prompt hospital attendance and joint orthopaedic expert report that the plaintiff suffered lower back soft tissue injury consistent with the accident; held accident caused or materially contributed to the injury. Court rejected defendant's reliance on prior accidents as causative because earlier back injuries had materially recovered and other prior incidents were unrelated. Quantum fixed at PSLA HK$90,000, pre-trial loss HK$153,600 and special damages HK$2,295 (total HK$245,895). Interest and costs awarded as specified.
30 Sept 2021

TJANG SIU THU 對 CATHAY PACIFIC CATERING SERVICES (H.K.) LTD

Citation

[2021] HKDC 1193
Court

District Court
Case number

DCPI1089/2017

The court found the claimant's right hand injury was minor and largely resolved by late 2014, the claimant's later reported symptoms were inconsistent and not supported by objective medical evidence, her grip test results indicated lack of effort, and expert evidence favoured the defendant; the court assessed total compensatory damages at HKD 191,920 but, because the claimant had already received employees' compensation of HKD 291,606.70 which exceeded that amount, no damages were payable and the claimant was ordered to pay the defendant's costs.
15 Apr 2021

胡創荏對朱遇歡及另一人

Citation

[2021] HKDC 411
Court

District Court
Case number

DCPI1287/2018

Liability having been admitted by default, the court accepted the plaintiff's medical and expert evidence and comparable authorities, adjusted the PSLA to HK$150,000 as appropriate for the injury, awarded past earnings loss of HK$225,000, loss of earning capacity HK$80,000, and special damages HK$20,700, totaling HK$475,700; the court ordered interest as specified and costs to the plaintiff in the sum assessed (HK$230,000).
15 Mar 2017

LEE CHIT MING v. MAN SIU HUNG

Citation

LEE CHIT MING v. MAN SIU HUNG
Court

Court of First Instance
Case number

HCPI1242/2014

Court accepted plaintiff's credibility and contemporaneous earnings records as sufficiently corroborative, found accident caused residual neck injury requiring frequent short breaks that materially reduced earnings, applied medical evidence (Joint Medical Report and treating notes) to find mild but persistent impairment, awarded PSLA HK$140,000, pre-trial loss HK$613,913.30, future loss HK$2,327,400.40 using multiplier 20.29 with applied discounts, refused lump sum for loss of earning capacity, awarded agreed special damages and interest and costs, and ordered return of exhibits.
2 Apr 2001

CHAN MING v. WAYFINE INVESTMENT LTD.

Citation

CHAN MING v. WAYFINE INVESTMENT LTD.
Court

Court of First Instance
Case number

HCPI148/1997

Master accepted the plaintiff's credible evidence and medical reports, awarded general damages of HK$200,000, calculated pre-trial and future losses using the plaintiff's earnings history adjusted by the wage index and appropriate multipliers, applied interest at stated rates to specified heads, deducted the prior ECC award, and ordered costs of assessment to the plaintiff.
15 Nov 2000

CHEUNG CHUN WING v. SZETO SAU HA AND ANOTHER

Citation

CHEUNG CHUN WING v. SZETO SAU HA AND ANOTHER
Court

Court of First Instance
Case number

HCPI231/1999

Master preferred the plaintiff's treating neurologist (Dr Ho) over defendant's expert (Dr Yu), found the plaintiff suffers continuing disability from sciatic nerve injury that precludes return to former construction work, and awarded damages reflecting significant pain and diminished earning capacity: PSLA $480,000; past loss $278,222; prospective loss $2,820,283 (multiplier 12); specials $32,112; total $3,610,617 subject to credit of $150,000 if paid; interest and costs as ordered.
4 Feb 1988

TO SAI WO v. YIM WAI CHEUNG AND ANOTHER

Citation

TO SAI WO v. YIM WAI CHEUNG AND ANOTHER
Court

Court of First Instance
Case number

HCA1149/1987

The Master accepted the expert evidence that there was a 70% probability the plaintiff will require a hip replacement and therefore awarded 70% of the estimated present cost ($42,000); awarded past loss of earnings for 1987 of $8,820; assessed future loss of earnings using a 9 multiplier applied to 14 months of $630 monthly loss resulting in $79,380; awarded general and special damages and interest as specified and costs to the plaintiff with certificate for counsel to be taxed if not agreed.
28 Feb 1985

HUNG FUNG CHIN v. YU PING KUEN

Citation

HUNG FUNG CHIN v. YU PING KUEN
Court

Court of First Instance
Case number

HCA6264/1984

Medical evidence was accepted and used as the basis for quantifying loss. The court applied comparable authorities and the multiplicand×multiplier method to fix future loss (multiplier 4, multiplicand HKD 1,500), assessed past loss and special damages on documentary proof, awarded interest at specified rates and ordered costs to the plaintiff to be taxed under the Legal Aid Regulations, resulting in the award figures stated.
5 Jul 1984

LI YUET LOI v. TSANG CHIU YIU AND ANOTHER

Citation

LI YUET LOI v. TSANG CHIU YIU AND ANOTHER
Court

Court of First Instance
Case number

HCA11115/1983

Master Hansen accepted the plaintiff's medical and employer evidence, used comparable prior awards to fix general damages at $30,000, applied multiplicand and multiplier calculations for past and future pecuniary loss (allowing deductions for capacity to perform light work), awarded proved special damages, and ordered interest and costs as specified.
5 Aug 1983

CHEUNG CHI YOUNG v. TSANG CHO YIU AND ANOTHER

Citation

CHEUNG CHI YOUNG v. TSANG CHO YIU AND ANOTHER
Court

Court of First Instance
Case number

HCA6575/1982

Court awards HK$25,000 for general damages based on comparative precedent and inflation; awards HK$30,000 as a lump sum for future loss of earning capacity because there is a real risk the plaintiff will be disadvantaged in the labour market before end of working life considering age, qualifications and residual disability; awards past loss of earnings of HK$6,550; refuses claim for wife's lost earnings because services were not shown to be reasonably necessary or incurred as out-of-pocket loss; allows agreed special damages of HK$475 and a nominal HK$400 for special foods; interest ordered a…