Hong Kong Case Law: Decisions & Judgments

Topic

Pre-existing injury

Legal area

Court

12 Oct 2022

LAM MAN WAI AD v. ONTIME CORPORATION LTD

Citation

[2022] HKDC 1090
Court

District Court
Case number

DCEC1671/2018

The court found the Board's 0.5% LOEC assessment appropriate and dismissed the applicant's s18 appeal; the court rejected the applicant's unproven claim of additional undeclared cash salary and fixed pre-accident monthly income at HK$19,000; awards were calculated accordingly (Employees' Compensation net award HK$40,713 after set-off; Personal injury award HK$332,767) with interest and costs ordered in favour of the plaintiff; medical and special expenses as claimed were allowed in specified amounts.
30 Nov 2012

LUI LAI WING v. FONG CHI SING AND ANOTHER

Citation

LUI LAI WING v. FONG CHI SING AND ANOTHER
Court

District Court
Case number

DCPI2082/2011

Judge found the plaintiff's evidence inconsistent and unreliable, accepted the consistent evidence of the 1st defendant and independent passenger Ms Kwan that the LGV was already on the 5th lane, concluded plaintiff failed to prove negligence or causation and dismissed the action.
16 Jul 2002

Lau King Sun v. CHEC-CWF Joint Venture

Citation

Lau King Sun v. CHEC-CWF Joint Venture
Court

District Court
Case number

DCEC238/2002

There was insufficient detailed medical material from the respondent to establish a pre-existing injury that would defeat an extension; medical reports indicated the applicant's pain was precipitated or aggravated by the workplace accident; applying the purpose and guidance of Choi Wai-chung the court exercised its discretion under section 10(5) to extend periodical payments beyond the statutory 24 months but not more than 12 months, conditional on the applicant producing medical certificates.

Hong Kong Case Law

LAM MAN WAI AD v. ONTIME CORPORATION LTD

LUI LAI WING v. FONG CHI SING AND ANOTHER

Lau King Sun v. CHEC-CWF Joint Venture