Hong Kong Case Law: Decisions & Judgments

Topic

Promotion prospects

Legal area

Court

25 Sept 2002

LAWATI BHAWANI BIKRAM v. TING KAU CONTRACTORS JOINT VENTURE

Citation

LAWATI BHAWANI BIKRAM v. TING KAU CONTRACTORS JOINT VENTURE
Court

Court of Appeal
Case number

CACV3/2002

The Court allowed the appeal in part and varied the damages: it held the master's and judge's approaches to PSLA and future earnings were broadly justifiable, adopted $13,000 as the plaintiff's current income and $19,000 as likely future monthly earnings with a 14-year multiplier, and recalculated the award, reducing the total to $1,452,347.06 plus interest; costs order nisi for two-thirds of the defendant's costs on appeal was granted.
27 Dec 1990

MOHAMED YAQUB KHAN v. ATTORNEY GENERAL

Citation

MOHAMED YAQUB KHAN v. ATTORNEY GENERAL
Court

Court of Appeal
Case number

CACV102/1989

The appeal was dismissed because the Court upheld the trial judge's finding that administrative guidance and evidence established that the appellant would not have been permitted to continue full‑time hours so future loss must be limited to 60 hours per month plus statutory training/administrative hours; there was no credible evidence of promotion prospects warranting additional award and no medical evidence to support a claim for mental distress, therefore the quantum awarded below stands.
15 Jan 1988

CHAU CHIU SHAN AND ANOTHER v. YAU TAT SHING otherwise known as DENNIS CHIU AND ANOTHER

Citation

CHAU CHIU SHAN AND ANOTHER v. YAU TAT SHING otherwise known as DENNIS CHIU AND ANOTHER
Court

Court of First Instance
Case number

HCA2799/1985

Promotion to sergeant was not established on the evidence because promotion required exams and competitive selection with no evidence about competitors or likelihood; accordingly future loss must be assessed on the basis the deceased remained a constable. The court selected a multiplier of 17, fixed the free balance at 57.78%, rejected the pension claim as too remote/unpleaded, awarded specified pre-assessment and future loss sums, and ordered interest and costs accordingly.
17 Sept 1983

CHAN CHI NUN AND ANOTHER v. CHEUNG WAI CHUNG AND ANOTHER

Citation

CHAN CHI NUN AND ANOTHER v. CHEUNG WAI CHUNG AND ANOTHER
Court

Court of First Instance
Case number

HCA3839/1981

Liability of the bus company is admitted; after assessing medical and employment evidence the court awarded $65,000 for pain and suffering and loss of amenities, $16,372.25 for pre-trial loss of earnings, $98,000 for future loss of earnings, agreed medical expenses $86,317; interest on specials at 7% p.a. from date of accident and 2% p.a. on general damages for pain and suffering from date of writ until judgment; all sums reduced by 7.5% for contributory negligence; judgment entered against the 2nd Defendant only and costs ordered for the plaintiff.

Hong Kong Case Law

LAWATI BHAWANI BIKRAM v. TING KAU CONTRACTORS JOINT VENTURE

MOHAMED YAQUB KHAN v. ATTORNEY GENERAL

CHAU CHIU SHAN AND ANOTHER v. YAU TAT SHING otherwise known as DENNIS CHIU AND ANOTHER

CHAN CHI NUN AND ANOTHER v. CHEUNG WAI CHUNG AND ANOTHER