Hong Kong Case Law: Decisions & Judgments

Topic

Set-off of compensation

Legal area

Court

12 Mar 2024

UNWAR NAVIN KUMAR v. GURKHAS CONSRTUCTION LTD AND OTHERS

Citation

[2024] HKCFI 749
Court

Court of First Instance
Case number

HCPI59/2020

The court preferred contemporaneous public hospital records and the defendant expert's interpretation of objective findings over the Plaintiff's inconsistent testimony and private reports, concluding the Plaintiff exaggerated subjective pain; therefore limited damages were awarded for pain and suffering and past losses with no future loss or loss of earning capacity, and the employee's compensation award was set off against the damages resulting in no payable sum.
21 Dec 2021

NAM YIU KEUNG v. WONG WAI CHUEN

Citation

[2021] HKDC 1522
Court

District Court
Case number

DCPI2298/2019

The court found the claimant not a credible and reliable witness, accepted the defendant's medical evidence that the collision was low-speed and produced only minor soft-tissue injuries with pre-existing degenerative pathology explaining ongoing symptoms, rejected the PTSD diagnosis and many subjective complaints as exaggerated, assessed appropriate periods of sick leave and loss, awarded PSLA and pecuniary items at reduced levels, applied the agreed employer compensation set-off of HK$824,916.65 and thereby found no net payable damages; costs and interest reserved.
30 Aug 2018

BISHWAKARMA BHAKTA BAHADUR v. PACIFIC CROWN SECURITY SERVICES LTD AND ANOTHER

Citation

[2018] HKCFI 1912
Court

Court of First Instance
Case number

HCPI232/2015

The court admitted the joint neurological report in full as relevant to resolve conflicts between orthopaedic experts; preferred the neurological and defendant orthopaedic opinions that any infra-orbital nerve injury was minor (2% whole person impairment), required at most six to eight months off work, caused no loss of earning capacity and required no further treatment; assessed reasonable sick leave at eight months and awarded quantified damages which were wholly offset by employees' compensation already received, therefore dismissing the claim with costs.
9 Dec 2015

ZHANG MIAOYUN v. KINGMEN INVESTMENT LTD t/a HEI HEI CHINESE KITCHEN

Citation

ZHANG MIAOYUN v. KINGMEN INVESTMENT LTD t/a HEI HEI CHINESE KITCHEN
Court

Court of First Instance
Case number

HCPI1348/2014

Defendant was negligent for permitting a slippery wet tiled floor without warning; there was insufficient evidence to find contributory negligence by the plaintiff; medical evidence established permanent but moderate sequelae with agreed capacity to return to pre-accident job with limitations; damages and future loss were assessed using accepted multiplicands and multipliers (Personal Injury Tables HK 2013) with the final award to be reduced by employee's compensation of HK$230,070 and interest, and costs ordered to the plaintiff to be taxed.
6 Jan 2011

RIVERA, SALLY DE GUZMAN v. CHAN HOI SING t/a SING KEE VEGETABLE WHOLESALE

Citation

RIVERA, SALLY DE GUZMAN v. CHAN HOI SING t/a SING KEE VEGETABLE WHOLESALE<br>
Court

District Court
Case number

DCPI1427/2009

The court found the defendant liable for negligence in failing to keep the ramp dry, causation was established between the wet ramp and the plaintiff's wrist fracture, the defendant's plea of contributory negligence failed for lack of evidence, and damages were assessed on the evidence and by reference to precedent with deduction of employee's compensation already received.
23 Apr 2002

KOON SAI KWONG v. WELCOME ENGINEERING CO. LTD.

Citation

KOON SAI KWONG v. WELCOME ENGINEERING CO. LTD.
Court

Court of First Instance
Case number

HCPI930/1999

Defendant was liable for the plaintiff's fall due to breach of Construction Sites (Safety) Regulations (no guard rails), but the plaintiff was 40% contributorily negligent for standing near the platform edge in known slippery conditions; the court accepted expert opinion that neck and chest injuries were attributable to the accident but that the plaintiff's lower back pain was due to pre-existing degenerative change and not caused by the fall; damages were quantified accordingly, employee's compensation of HK$366,472 was deducted, and judgment entered for HK$432,326.
21 Jan 2000

LAU KAM TAI v. UNITED SOUNDFAIR ENGINEERING CO. LTD. AND OTHERS

Citation

LAU KAM TAI v. UNITED SOUNDFAIR ENGINEERING CO. LTD. AND OTHERS
Court

Court of Appeal
Case number

CACV181/1999

On the factual findings accepted by the trial judge (existence of a mound and a makeshift plank ramp, use witnessed by supervising director), defendants were negligent for failing to provide a safe system of work; plaintiff's conduct attracted 1/3 contributory negligence; the damages award for pain and suffering (HK$250,000) was within range and should stand; pre-trial loss figure used by trial judge was understated and should be adjusted to HK$530,400 for the period in issue; defendants' appeal regarding deduction/credit of the employee's compensation (including interest) succeeds and partie…
26 Oct 1984

YIP PUN LEUNG v. CHI SHING INDUSTRIAL CO. LTD

Citation

YIP PUN LEUNG v. CHI SHING INDUSTRIAL CO. LTD
Court

Court of First Instance
Case number

HCA6071/1981

The machine was dangerous and the defendant breached its statutory duty and was negligent by tolerating the risky practice; the plaintiff was also negligent; liability was apportioned equally (50% contributory negligence), damages were assessed at HKD195,125.48, reduced for contributory negligence and offset by a Workmen's Compensation award, resulting in judgment for the plaintiff in the sum of HKD58,355 plus interest and costs.