Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Set-off of compensation and settlements
  • 5 Feb 2016

    CHAN SZE YUEN v. TIN WO ENGINEERING LTD AND OTHERS

    Citation
    CHAN SZE YUEN v. TIN WO ENGINEERING LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCPI427/2008

    Master found that the calcaneum fracture warranted PSLA of HK$250,000 but the plaintiff returned to work and a subsequent unrelated stroke caused cessation of work; plaintiff elected not to seek further employment after recovery so there is no compensable future loss or earning capacity loss attributable to the foot injury. Calculated pre-trial loss and special damages yield a total below amounts already received; therefore no damages are payable and the action is dismissed.

    • Calcaneum fracture
    • Pain, suffering and loss of amenity
    • Pre-trial loss of earnings
    • Loss of earning capacity
    • Set-off of compensation and settlements
    • Mitigation of loss