Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Shoulder injury

Legal area

Court

24 May 2013

SO YUK KAM v. LAU KAM YUEN t/a NGAI SHING CONSTRUCTION AND ANOTHER

Citation

SO YUK KAM v. LAU KAM YUEN t/a NGAI SHING CONSTRUCTION AND ANOTHER
Court

Court of First Instance
Case number

HCPI5/2011

Unopposed medical and vocational evidence established significant and permanent shoulder injury causing loss of ability to work as a welder; accepted pre-accident earnings are binding by issue estoppel; applied a 2.5% discount rate with multiplier 13.22 for future loss; awards for PSLA, past and future earnings, loss of earning capacity, special and future medical expenses quantified accordingly and aggregated to HK$5,503,210; interest and costs awarded as specified.
8 Mar 2013

LAM YIM FONG v. ADVARA INVESTMENT LTD

Citation

LAM YIM FONG v. ADVARA INVESTMENT LTD
Court

District Court
Case number

DCPI2084/2011

On the balance of probabilities the plaintiff sustained a mild head injury causally linked to the accident; the court accepted the plaintiff's primary evidence of immediate employment with Kinying and fixed pre-accident average monthly income at HKD7,938; the appropriate awards were HKD160,000 for PSLA, six months' pre-trial loss of earnings including 5% MPF (rounded to HKD50,000), and a 12-month equivalent award for loss of earning capacity (HKD95,000) based on the court's assessment of impairment and future disadvantage; special damages were allowed in reduced sums where receipts lacked; co…