Hong Kong Case Law: Decisions & Judgments

Topic

Sick leave evidence

Legal area

Court

14 Feb 2018

LEUNG HOI WAI v. PO LEUNG KUK

Citation

[2018] HKCFI 356
Court

Court of First Instance
Case number

HCPI999/2015

On the balance of probabilities the plaintiff's account lacked credibility and the evidence supported the conclusion that the table fell due to the plaintiff's handling; moving a folding table is an ordinary, non-inherently dangerous task for which no special system of work was required; defendant was not negligent and the claim is dismissed (plaintiff would in any event have been 100% contributorily negligent).
18 Feb 2015

CAI GUOPING v. YIM HOK WING AND OTHERS

Citation

CAI GUOPING v. YIM HOK WING AND OTHERS
Court

Court of First Instance
Case number

HCPI494/2013

The court found defendants jointly and severally liable for negligence, breaches of Regulation 38(1)(b) and 38(1)(5) and occupiers' duty because panels were transported in pairs in a confined hoist and a safe system was not ensured; plaintiff was 50% contributor to the accident for failing to follow the taught method; damages were assessed (PSLA HK$250,000; pre‑trial loss HK$132,349; special and dental allowances) but after 50% reduction and set‑off of employees' compensation of HK$333,300 the compensation exceeded the claimant's entitlement resulting in no payable damages; order nisi that th…
15 Sept 2014

TSE TSZ CHONG v. LAW SZE MAN

Citation

TSE TSZ CHONG v. LAW SZE MAN
Court

District Court
Case number

DCEC619/2014

Because liability was admitted but the severity and duration of the injury and the extent of financial hardship were in serious dispute and lacked objective support, the court concluded there was a substantial risk of overpayment if the requested HK$80,000 were awarded; applying the duty to estimate likely damages and to award a reasonable proportion, the court exercised its discretion to order a conservative interim payment of HK$20,000 and made a costs order nisi against the applicant given the respondent's prior offer.
23 Feb 2010

PUN KWONG CHEUNG v. TANG SHIU WO t/a LUEN YICK DECORATION & DESIGN CO AND ANOTHER

Citation

PUN KWONG CHEUNG v. TANG SHIU WO t/a LUEN YICK DECORATION & DESIGN CO AND ANOTHER
Court

Court of First Instance
Case number

HCPI587/2008

Cross-examination of the treating psychiatrists was unnecessary and not sufficiently probative because the issues regarding sick leave, causation and exaggeration could be fairly tested by the surveillance evidence, the joint and opposing psychiatric expert reports, and cross-examination of the Plaintiff; sick leave certificates are treatment-based subjective evidence and the trial judge is entitled to assess them against all available evidence; case management and proportionality weighed against requiring oral evidence from treating doctors.
23 Mar 2007

YUEN OI YEE LISA v. LAI YU FAI

Citation

YUEN OI YEE LISA v. LAI YU FAI
Court

Court of Appeal
Case number

CACV285/2006

The court refused to set aside the security for costs order and dismissed the summonses because the appellant's medical certificate and assertions of potential future recoveries did not justify cancelling or delaying the security order; the proposed appeals were unmeritorious and the conduct amounted to an abuse of process.

Hong Kong Case Law

LEUNG HOI WAI v. PO LEUNG KUK

CAI GUOPING v. YIM HOK WING AND OTHERS

TSE TSZ CHONG v. LAW SZE MAN

PUN KWONG CHEUNG v. TANG SHIU WO t/a LUEN YICK DECORATION & DESIGN CO AND ANOTHER

YUEN OI YEE LISA v. LAI YU FAI