23 Feb 2024
The court rejected the plaintiff's account as not credible, found insufficient contemporaneous evidence to establish the slip-and-fall as pleaded, accepted the defendant's expert apportionment and analysis, and concluded the plaintiff failed to prove liability on the balance of probabilities; accordingly the claim was dismissed and costs ordered against the plaintiff.
7 Jul 2023
On the balance of probabilities the court accepted the plaintiff's account of the accident and physical injury; objective medical evidence did not exclude the plaintiff's complaints and the joint expert evidence supported at least mild to moderate residual symptoms including psychiatric effects partly attributable to the injury; defendant's challenges on malingering and on pre-existing degeneration were insufficient to displace the plaintiff's credibility, and liability was established in favour of the plaintiff.
28 Dec 2022
Damages awarded on assessment: PSLA HK$600,000 (serious injury category); no award for pre-trial or future loss of earnings or loss of earning capacity because evidence showed payments were family pocket money and no employment relationship proven; caretaker/domestic helper expenses awarded HK$358,800 (one year Urdu caretaker at claimed salary limited to one year, subsequent four years for Filipino maid, 50% household benefit discount, limited to 5 years because accident advanced pre-existing condition by approx five years); other expenses HK$20,000; future medical and other expenses HK$23,66…
22 Dec 2021
The court found on the balance of probabilities, based on contemporaneous photographs, physical evidence and witness credibility, that the 1st defendant negligently intruded into the bus lane and caused the collision; the 2nd defendant is vicariously liable; plaintiff bore no contributory negligence; because of pre-existing lumbar spondylosis and two subsequent workplace injuries the court apportioned causation as 40% attributable to the 2013 accident and reduced general damages by 60%, awarding net damages of HKD 88,914.48 plus interest and costs.
27 Jan 2021
On the balance of probabilities the court found the plaintiff's right thumb, right wrist and left knee injuries were caused by the incident but that recovery was satisfactory with only mild residual limitations; the plaintiff failed to prove pre- and post-trial loss of earnings except for loss during the certified sick leave; PSLA assessed at HK$100,000 and total damages assessed at HK$156,138.23 with interest and costs ordered as set out.
23 Jan 2020
Court accepted plaintiff's account and rejected the branch manager's evidence; defendant breached duty by failing to maintain a safe system to prevent dangerously high single-column stacking of trays; accident occurred and materially aggravated a pre-existing trigger thumb but on the evidence 30% of the residual condition is attributable to the accident and 70% to the pre-existing condition; damages awarded accordingly resulting in judgment for the plaintiff for HK$50,826 plus interest and costs.
3 Mar 2010
The court found the accident caused or materially contributed to the claimant's impairments including limb weakness; applying LKK Trans the combined effects of the injury and pre-existing disease are compensable without apportionment; on the evidence and special circumstances claimant is effectively totally incapable of gainful employment and entitled to full awards for permanent incapacity, care and attention, temporary incapacity and medical expenses, interest and costs.
16 Apr 2008
The Court of Appeal dismissed both the defendant's appeal and the plaintiff's cross-appeal: the trial judge was entitled to award compensation for loss of the benefit of DOIL and vacation leave; the judge was entitled to apply a 60% discount to PSLA for the plaintiff's proven pre-existing disabilities based on the medical evidence and apportionment adopted by the judge; the additional 60% discount was not warranted for the specified pecuniary items and the judge's reductions on overtime and future maintenance were not perverse; the judge reasonably rejected the claim to a promotion chance. Th…
29 Jul 2004
Liability was admitted; the plaintiff was entitled to damages but the award for non‑pecuniary loss was fixed at $200,000; pre‑trial and post‑trial loss of earnings were calculated on agreed earnings with no pre‑trial discount but a reduced multiplier of 5 applied for future loss to reflect inherent occupational risks and the plaintiff's pre‑existing spinal condition; special damages agreed; employee's compensation deducted; judgment entered for $582,512 with specified interest and costs order.
15 Oct 2001
On the balance of probabilities the 4 November 1998 workplace accident was a substantial contributing cause of the Applicant's present nocturnal seizures; there was no reliable evidence of pre‑1998 seizures attributable to the 1982 craniotomy and, in any event, under the Ordinance apportionment for pre‑existing conditions is not permitted unless the pre‑existing condition is the sole cause. The Applicant's pre‑accident daily wage was found to be HK$600 (monthly HK$12,828). Loss of earning capacity was assessed at 35% (30% for seizures analogous to loss of hearing in one ear plus 5% for headac…