Hong Kong Case Law: Decisions & Judgments

Topic

Pre-existing condition

Legal area

Court

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.
10 Apr 2025

CHOW KIN HANG ALI v. SECRETARY FOR JUSTICE FOR AND ON BEHALF OF FOOD AND ENVIRONMENTAL HYGIENE DEPARTMENT

Citation

[2025] HKCA 324
Court

Court of Appeal
Case number

CACV99/2023

The applicant failed to prove that the events of 20 June 2017 amounted to an "accident" arising out of and in the course of employment and failed to prove causation of a psychiatric injury beyond a pre-existing condition; credibility findings of the trial judge were upheld and the appeal was dismissed.
23 Aug 2024

WONG LAM WEI HOLLY v. HOSPITAL AUTHORITY

Citation

[2024] HKDC 1372
Court

District Court
Case number

DCEC2755/2021

On the balance of probabilities the court accepted that the Applicant suffered a work-related incident on 5 January 2020 when changing bed linen which exacerbated her pre-existing back condition; however, joint medical opinion and objective evidence supported 0% permanent loss of earning capacity and limited the sick leave attributable to the accident to two days, with no compensable medical expenses after 29 April 2020; accordingly liability was established but no net compensation was payable after crediting prior periodic payments and awarding only the small s10 entitlement which was exting…
30 Oct 2023

胡蝶愛 formerly known as 衛玉玲對 HARBOUR CITY ESTATES LTD

Citation

[2023] HKDC 1450
Court

District Court
Case number

DCPI3424/2021

On the balance of probabilities the plaintiff failed to prove she slipped because of a wet floor; alternatively, the defendant established it had reasonable and adequate cleaning and inspection systems and thus discharged its occupier's duty; accordingly the plaintiff's claim is dismissed.
16 Aug 2023

IMRAN v. INTRAFOR HONG KONG LTD

Citation

[2023] HKCFI 2032
Court

Court of First Instance
Case number

HCPI434/2020

Plaintiff failed to discharge the burden of proof that the defendant breached its duties and that any breach caused the accident; the court preferred the defendant's witness that the hammer tail was touching the ground when the canvas strap came off and found no culpable breach by the employer; alternatively, if breach had been found the plaintiff would bear at least 40% contributory negligence. Claim dismissed with costs to defendant.
3 Nov 2022

THOMAS FISKER HANSEN AND ANOTHER v. TANG WAI KEUNG AND ANOTHER

Citation

[2022] HKDC 1266
Court

District Court
Case number

DCPI2374/2018

2nd defendant held vicariously liable for negligent driving of 1st defendant; contributory negligence of 1st plaintiff not established because no evidence linked failure to wear seat belt to the injuries; alleged pre-existing conditions insufficiently proven to reduce PSLA; evidence supported soft tissue injuries with limited residual disability so PSLA fixed at HKD100,000 each; loss of earning capacity not established for either plaintiff; agreed special and post-trial expenses awarded and interest and costs ordered as specified.
7 Jul 2022

FAISAL v. OCEAN PARK CORPORATION

Citation

[2022] HKDC 313
Court

District Court
Case number

DCPI961/2019

The court rejected the plaintiff's credibility and the plaintiff's expert opinion as unreliable and cherry-picked; accepted the defendant's expert that objective investigations showed no fracture and only pre-existing mild degeneration and a soft tissue neck injury with minimal residual pain; reduced PSLA to HK$25,000 (further reduced by 50% for overlap with a prior award), refused any award for loss of earnings or earning capacity, allowed limited medical, travel and tonic expenses totalling HK$10,770, awarded a total of HK$35,770 plus interest and made a costs order nisi and directed referr…
18 May 2021

IP SIU FUNG v. HUNG WAI SUM

Citation

[2021] HKDC 534
Court

District Court
Case number

DCPI1962/2018

Judge found both drivers contributed equally to the collision: defendant failed to take sufficient care before completing the lane change and plaintiff failed to slow or control his vehicle upon noticing the defendant, leading to 50% apportionment; medical causation accepted in part in favour of plaintiff (preferred Dr Lau), applied 20% reduction for pre-existing degenerative cervical disease to relevant heads and assessed damages accordingly, netting an award of HK$94,454 plus specified interest and costs to plaintiff.
13 May 2021

CHAN KAI FAI 對 KONG WANG ENGINEERING CO LTD 及另一人

Citation

[2021] HKDC 519
Court

District Court
Case number

DCEC2983/2018

The court accepted the joint expert report that the claimant's current visual impairment is primarily due to pre-existing ARMD/RPED and not the 3 March 2017 accident; the accident caused only a minor left corneal injury; permanent loss attributable to the accident assessed at 1.25%; monthly earnings accepted at HKD26,000; applying s9, s10 and s10A and accounting for prior periodic payments, the claimant is entitled to HKD15,600 under s9 and HKD490 under s10A (s10 award nil after offset), total HKD16,090, plus interest and costs to the claimant.
26 May 2020

RAI SURYA PRAKASH v. PACIFIC CROWN SECURITY SERVICES LTD AND ANOTHER

Citation

[2020] HKCFI 917
Court

Court of First Instance
Case number

HCPI1395/2015

The court refused the plaintiff's late application to amend the RSOD as the delay was unjustified and highly prejudicial to the defendants; on facts and expert evidence the plaintiff had exaggerated symptoms, the MRI degenerative changes were largely pre-existing, the prognosis was good and the injury was an uncomplicated soft tissue back contusion, and damages were assessed accordingly (including agreed PSLA of $200,000).