Hong Kong Case Law: Decisions & Judgments

Topic

Post-trial loss of earnings

Legal area

Court

24 Sept 2021

YUEN NUI TONG v. LEE KAM CHUEN AND OTHERS

Citation

[2021] HKDC 1157
Court

District Court
Case number

DCPI1892/2019

The court accepted the plaintiff's evidence on wage increase and the expert medical evidence of irreversible loss of left eye function; applied comparable authorities to fix PSLA at HKD 650,000; accepted timeline for qualification as Grade A electrician effective 1 January 2020 for calculation of pre-trial loss; offset post-accident earnings and applied agreed multiplier and discount to calculate post-trial loss; allowed agreed amounts for loss of earning capacity, special and future expenses; deducted employee compensation and awarded interest and costs as specified.
29 May 2020

LIU WEIGUANG v. LI KENG KO AND ANOTHER

Citation

[2020] HKDC 357
Court

District Court
Case number

DCPI2723/2018

The judge exercised the court's jurisdiction to amend the judgment because the failure to include pre-trial loss of earnings and MPF for 20 October 2016 to 14 January 2020 was a clear omission amounting to an error that could be corrected without reopening contested issues. The amendment corrects an essential part of the damages calculation using wage statistics (CSD data) consistent with the original judgment, results in revised pre-trial and post-trial loss figures and increases total damages to HK$1,503,677.13, and the amendment was permitted without disturbing the appeal process.
29 Dec 2005

WONG SHUK LEI v. LEUNG MING KWONG

Citation

WONG SHUK LEI v. LEUNG MING KWONG
Court

District Court
Case number

DCPI560/2005

On the evidence the court accepted the medical assessment of reduced capacity, used the highest reliable pre-accident salary pay slip ($7,150) to compute lost earnings, awarded PSLA at $250,000 by analogy to comparable authority, calculated pre-trial loss of earnings as $65,900, awarded a lump sum $30,000 for loss of earning capacity, MPF contributions $3,295, and special damages $8,400 (allowing $5,000 for tonic food in absence of proof); interest and costs were ordered accordingly.

Hong Kong Case Law

YUEN NUI TONG v. LEE KAM CHUEN AND OTHERS

LIU WEIGUANG v. LI KENG KO AND ANOTHER

WONG SHUK LEI v. LEUNG MING KWONG