Hong Kong Case Law: Decisions & Judgments

Topic

Set-off for statutory compensation

Legal area

Court

22 Dec 2017

CHEUK WAN HING 對 CHAN WAI HUNG t/a LAM YIN COMPANY

Citation

CHEUK WAN HING 對 CHAN WAI HUNG t/a LAM YIN COMPANY
Court

Court of First Instance
Case number

HCPI85/2015

Court accepted plaintiff's evidence and expert opinion that injury caused L5/S1 disc prolapse requiring surgery, accepted PSLA at HK$300,000, fixed pre‑injury income at HK$14,050, found plaintiff could perform light work from February 2017 and awarded past and future pecuniary losses calculated on those bases, applied multiplier 18.26 for future loss, awarded specified special damages, deducted employees' compensation of HK$325,000 and ordered interest and costs accordingly.
23 Aug 2008

WONG HAK MAN v. HARVEST ENGINEERING DEVELOPMENT LTD AND ANOTHER

Citation

WONG HAK MAN v. HARVEST ENGINEERING DEVELOPMENT LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI869/2006

Master de Souza preferred the defendants' expert evidence on neurological and functional status (notably Dr Woo) and the psychiatrists' view that much of the disability was amenable to treatment; found the plaintiff had exaggerated symptoms (supported by video evidence and expert observations), concluded the plaintiff should have mitigated by undertaking psychiatric treatment and therefore awarded: PSLA $350,000; past loss of earnings $612,879 for 43 months; MPF contribution $30,643.95; psychiatric treatment $25,000; special damages $15,543; denied future loss of earnings and loss of earning…
9 May 2003

YU PUN YUEN v. NG KWOK MAN t/a EAST MOUNTAIN ENGINEERING CO AND OTHERS

Citation

YU PUN YUEN v. NG KWOK MAN t/a EAST MOUNTAIN ENGINEERING CO AND OTHERS
Court

Court of First Instance
Case number

HCPI293/2002

The Court found the plaintiff was employed by the 1st defendant who breached the duty to provide a safe system of work by supplying only a folding ladder; the 2nd defendant was vicariously liable for its employee Yu Hang's negligence in failing to hold the ladder; the 3rd defendant was not liable because there was no evidence it knew or ought to have known of the unsafe method in the short period; plaintiff's contributory negligence assessed at 20% reduced recoverable damages, and ECC compensation is to be credited against the award.
3 May 2002

LI XIAO YOU v. FUGRO GEOTECHNICAL SERVICES (HK) LTD & OTHERS

Citation

LI XIAO YOU v. FUGRO GEOTECHNICAL SERVICES (HK) LTD & OTHERS
Court

Court of First Instance
Case number

HCPI1287/1999

The court accepted the parties' agreed and evidenced items and multipliers as reasonable in the circumstances and on authority, awarded the specific heads of damages accordingly, applied the agreed interest rates, and deducted Employees' Compensation and interim payments to arrive at a net judgment of $4,675,300 in favour of the plaintiff, with costs.
4 Mar 1976

LAW NGAN v. NG KAI HAU AND ANOTHER

Citation

LAW NGAN v. NG KAI HAU AND ANOTHER
Court

Court of First Instance
Case number

HCMP2789/1975

The court assessed that the plaintiff sustained permanent serious injury to the left eye producing ongoing pain, disability and inability to work; using the multiplier method (multiplier 8) applied to the plaintiff's proven monthly earnings and exercising judicial discounting, the court awarded future loss and general damages accordingly, allowed reasonable special damages where proved or reasonably inferred, awarded interest on a portion of general damages from service of writ, and deducted prior Workmen's Compensation payments from the total award.

Hong Kong Case Law

CHEUK WAN HING 對 CHAN WAI HUNG t/a LAM YIN COMPANY

WONG HAK MAN v. HARVEST ENGINEERING DEVELOPMENT LTD AND ANOTHER

YU PUN YUEN v. NG KWOK MAN t/a EAST MOUNTAIN ENGINEERING CO AND OTHERS

LI XIAO YOU v. FUGRO GEOTECHNICAL SERVICES (HK) LTD & OTHERS

LAW NGAN v. NG KAI HAU AND ANOTHER