Hong Kong Case Law: Decisions & Judgments

Topic

Pre-existing condition apportionment

Legal area

Court

9 Sept 2025

TSE FUK PING v. TSE FUK TONG and CHAN YIU TONG formerly trading as FAT KEE COMPANY AND ANOTHER

Citation

[2025] HKDC 1519
Court

District Court
Case number

DCPI1519/2022

Court accepted plaintiff's evidence that but for the accident he would have worked until age 70 and that maximal medical improvement occurred by late 2020; plaintiff failed to mitigate from 1 Jan 2021 onwards and therefore pre-trial loss from that date is to be reduced by hypothetical security-guard earnings; pre-existing cervical degeneration was apportioned to account for only about 1.2% of overall impairment so applied a 15% discount to PSLA but no discount to pre-trial loss of earnings; PSLA after 15% discount assessed at HK$382,500; pre-trial loss HK$1,430,415; care and special damages a…
18 Sept 2023

LO CHUI YUK v. GOLD WIN ENGINEERING LTD AND OTHERS

Citation

[2023] HKCFI 2352
Court

Court of First Instance
Case number

HCPI279/2021

The court found the plaintiff had grossly exaggerated symptoms and to a significant extent malingered; on the medical evidence and surveillance the plaintiff at most has mild residual shoulder ache on prolonged exertion; 70% of the shoulder condition was attributable to the Accident (30% to pre-existing degeneration); reasonable sick leave was limited to 31 August 2020 with allowance to 20 October 2020 to seek employment; the plaintiff is capable of returning to her pre-accident job; awarded PSLA $200,000 discounted 30% to $140,000; awarded pre-trial loss of earnings and MPF $502,320; medical…
13 Jul 2023

WONG YUN WAI v. CHINA OVERSEAS PROPERTY SERVICES LTD AND ANOTHER

Citation

[2023] HKDC 935
Court

District Court
Case number

DCPI1815/2020

The court found on the balance of probabilities that the plaintiff slipped and fell on a wet floor in the Plaza toilet; the fall was an unusual event shifting the evidential burden to the defendants who failed to prove a reasonable and adequate cleaning and inspection system; accordingly the defendants were negligent. The plaintiff was found contributorily negligent to the extent of 40%. The plaintiff's pre-existing giant cell tumour warranted a 70% apportionment of relevant damages. Damages were assessed and, after applying pre-existing condition and contributory negligence discounts and ded…
21 Jul 2022

BIN YAMIN v. CHUEN HO CONSTRUCTION & ENGINEERING CO AND ANOTHER

Citation

[2022] HKDC 747
Court

District Court
Case number

DCPI1844/2020

Defendants breached duty by permitting risk of overloading wheelbarrow but plaintiff, an experienced labourer, acted foolhardily by transporting an excessive single load without dividing it or seeking assistance; plaintiff found 40% contributorily negligent; damages assessed as modest soft tissue injury; after applying 40% reduction and crediting HK$300,000 employees' compensation, plaintiff recovers nothing and claim is dismissed.
18 Jul 2018

TANG CHI KEUNG v. MUNG KA WAI

Citation

[2018] HKCFI 1685
Court

Court of First Instance
Case number

HCPI697/2012

Court accepted that the incident caused soft tissue injuries to plaintiff's right shoulder, neck and low back; neck injury aggravated pre-existing cervical degeneration necessitating C6/7 fusion; hip operation, L5/S1 fusion and urological problems were not caused by the incident; pre-existing degeneration and 2010 accident accounted for 25% of plaintiff's present condition; awarded damages totalling HKD 515,195 with specified interest and costs orders.
17 Aug 2017

WONG KWOK WAI v. JARDINE AIR TERMINAL SERVICES LTD

Citation

WONG KWOK WAI v. JARDINE AIR TERMINAL SERVICES LTD
Court

Court of First Instance
Case number

HCPI335/2014

Master preferred the opinion of Dr Lee over Dr Tio, found the Accident caused only a minor soft tissue lumbar injury which had resolved by October 2011, rejected claim of right leg radiculopathy as fabricated or unsupported by objective findings, accepted pre-existing degenerative changes and applied a 30% discount for them, awarded specific sums for PSLA, pre-trial loss and loss of earning capacity, deducted employees' compensation of $428,701.46 resulting in a net negative award, dismissed the plaintiff's claim for further damages and ordered costs against the plaintiff.
20 Jun 2017

LEE WAI HING 對 MAIN PLAN LTD

Citation

LEE WAI HING 對 MAIN PLAN LTD
Court

District Court
Case number

DCPI519/2014

On the balance of probabilities the plaintiff's cervical soft tissue injury, lower back injury and right little and ring finger numbness were caused by the workplace fall; psychiatric symptoms were caused by and temporally linked to the accident and resulting work restriction. The defendant failed to prove that pre-existing degenerative conditions would certainly or more likely than not have produced the same symptomatic state absent the accident; therefore no apportionment was made. Appropriate periods of sick leave and quantum were assessed from medical records and treatment course. Net dam…
12 May 2016

CHUI WAI KAM MICHELLE v. GILLESPIE JOHN THOMAS

Citation

CHUI WAI KAM MICHELLE v. GILLESPIE JOHN THOMAS
Court

District Court
Case number

DCPI1696/2014

The Accident caused soft tissue injury to the plaintiff's neck which made previously asymptomatic cervical degeneration symptomatic; because the pre-existing degeneration was asymptomatic and there was no evidence the same symptoms would have arisen absent the Accident, no discount was applied; on the evidence and comparable authorities PSLA awarded at HK$225,000, special damages HK$28,580 and future medical expenses HK$8,000, with interest and costs orders as set out.
23 Oct 2014

LI TAT CHUEN v. YIP WING CHUEN JACKY AND OTHERS

Citation

LI TAT CHUEN v. YIP WING CHUEN JACKY AND OTHERS
Court

Court of First Instance
Case number

HCPI581/2011

Liability having been conceded, the court accepted the orthopaedic joint diagnosis of a neck sprain with mild pre-existing cervical spondylosis but found the plaintiff exaggerated and partially feigned symptoms (supported by surveillance and inconsistent testimony). The pre-existing condition was mild and uncertain to become symptomatic and therefore was not apportioned. Damages were assessed on the basis that the plaintiff would have recovered within nine months: PSLA $175,000; pre-trial loss (nine months) $135,000; other proved special damages $47,353; future loss and future medical expense…
20 Jan 2010

CHOI SUN HONG v. CHINA HARBOUR ENTERPRISE CONSTRUCTIONS LTD AND ANOTHER

Citation

CHOI SUN HONG v. CHINA HARBOUR ENTERPRISE CONSTRUCTIONS LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI1084/2007

Court accepted plaintiff suffered whiplash soft tissue injury to neck, milder low back contusion and psychiatric injury (PTSD and adjustment disorder) in partial remission caused by the Accident; pre-existing degenerative cervical and lumbar changes were asymptomatic and were triggered by the Accident to some degree, warranting a 30% discount on orthopaedic PSLA; sick leave of 25.5 months was accepted; plaintiff could not return to pre-accident carpentry work and had mitigated by obtaining lighter employment; damages were calculated across heads and totalled HK$1,576,275.45 with interest and…