Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Pre-existing conditions

  • 16 Feb 2024

    CHAN YIU MAN v. HA CHING MAN MARIA

    Citation
    [2024] HKDC 262
    Court
    District Court
    Case number
    DCPI349/2020

    Liability had been admitted by interlocutory judgment; on assessment the court found the accident caused only relatively minor soft tissue injuries with recovery within months, that some reported symptoms (sleep disturbance and suicidal tendency) were fabricated, that the osteochondral lesion of the talus was not shown to be caused by the accident, and that on the medical evidence and credibility findings the appropriate award is PSLA HK$100000, past loss HK$132000, special damages HK$9000 and property damage HK$32000, total HK$273000 with specified interest and a costs order nisi for the def…

  • 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.

  • 22 Sept 2017

    LAI LIN CHI v. A.S. WATSON GROUP (HK) LTD

    Citation
    LAI LIN CHI v. A.S. WATSON GROUP (HK) LTD
    Court
    Court of First Instance
    Case number
    HCPI860/2013

    On the balance of probabilities the court preferred the defendant's expert evidence (Dr Ko and Dr Lai): physical contusions resolved within 2–3 months; imaging and neurosurgical records showed chronic microvascular ischaemia predating the accident making PCS unlikely or at most very mild; psychiatric condition more consistent with a mild adjustment disorder; the claimed employment arrangement and loss of earnings were not proven; accordingly damages were substantially reduced and assessed at HK$214,230 plus interest and costs as ordered.

  • 10 Aug 2017

    WONG KWONG SAN v. LEE CHOI WAN

    Citation
    WONG KWONG SAN v. LEE CHOI WAN
    Court
    Court of First Instance
    Case number
    HCPI700/2010

    The court accepted the defendant's contemporaneous evidence (police photos and surveillance video) and the joint expert opinions which found only minor or no objective impairment and attributed much pathology to pre-existing conditions; the plaintiff's absence and failure to contradict that evidence undermined his credibility; accordingly damages were assessed on a modest basis adopting defendant's objective income calculation and expert conclusions resulting in awards of PSLA HK$100,000, pre-trial loss HK$40,000 and special damages HK$10,627 with specified interest and costs directions.

  • 28 Jul 2017

    CHU FUNG PING v. WONG WAI LEUNG

    Citation
    CHU FUNG PING v. WONG WAI LEUNG
    Court
    Court of First Instance
    Case number
    HCPI420/2014

    Defendant was negligent and liable because he failed to maintain a safe distance and did not take timely evasive action despite observing the Ford's erratic overtaking and braking; Mr Chan (driver of the Sunny) was not negligent because his braking and swerve were instinctive responses to a dangerous situation created by the Ford, and negligence of a non-party will not be held against the defendant in this action.

  • 17 Sept 2007

    CHAU MING LUNG v. FASTCUT SERVICES LTD AND OTHERS

    Citation
    CHAU MING LUNG v. FASTCUT SERVICES LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCPI545/2001

    The court accepted the plaintiff's evidence of continuing right hip pain causally linked to the 1998 accident, rejected the defendants' alternative explanations (gout or congenital sclerosis) as the primary cause of the hip pain, found the plaintiff could not return to his pre-accident heavy employment and awarded damages reflecting past and future loss of earnings, PSLA and special damages, less amounts received, totaling $2,124,212.00 with interest and costs orders.