Hong Kong Case Law

陳华玲 對 黃漢邦

Court

District Court

Case number

DCPI3825/2022

Court fixed PSLA at HKD 400,000 because injuries (right tibial plateau fracture, tibial shaft spiral fracture and fibular head fracture requiring ORIF and prolonged inpatient treatment and physiotherapy) were serious but achieved satisfactory healing and functional recovery per joint orthopaedic expert; pre-trial income loss rejected for lack of supporting documentary evidence and claimant's likely retirement/limited labour-market prospects; family care claim rejected for lack of evidence of market value and hours; specific special damages proven and quantified to HKD 359,267 (excluding QEH i…

Source excerpt

• Damages assessment
• Special damages
• Interest
• Expert medical evidence
• Costs

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黃銘源 對 文城康

Court

District Court

Case number

DCPI2225/2022

Liability having been previously determined, the court assessed quantum on the medical evidence and contemporaneous records: PSLA for the combined knee injuries and resultant mild PTSD is set at $320,000 based on comparison with authorities and facts of the case; proved special damages are $101,899; LEC claim withdrawn; interest and costs awarded to plaintiff.

Source excerpt

• Quantum assessment
• Pain, suffering and loss of amenities (psla)
• Special damages
• Loss of earning capacity
• Interest and costs

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XU YING v. CHINA GAS HOLDINGS LTD AND OTHERS

Court

Court of First Instance

Case number

HCA751/2017

The court allowed expert valuation evidence on a narrow shares-loss issue, but refused later valuation dates and dividend calculations because they were unpleaded special damages.

• Damages for non-delivery of shares
• Expert evidence admissibility and directions
• Mitigation of loss
• Special damages
• Valuation of shares
• Pleadings and particularity

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HUANG CHANFENG v. LI YAN CHUN

Court

District Court

Case number

DCPI748/2023

Assessment of damages after a dog-bite incident. The District Court awarded the plaintiff HK$180,000 for PSLA, plus medical and travel expenses, less HK$2,500 already received.

• Dog bite
• Pain, suffering and loss of amenities (psla)
• Special damages
• Interest
• Costs
• Leash law breach

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張小嫺 對 九龍巴士（一九三三）有限公司

Court

Court of First Instance

Case number

HCPI43/2022

Court accepted the single joint expert opinions that the plaintiff's ocular injury caused a limited permanent impairment (1% whole person) and that her psychiatric condition was pre-existing and not caused or materially worsened by the accident; plaintiff failed to prove pre-accident employment or loss of earnings and many special damages lacked receipts or evidential foundation; accordingly PSLA was assessed at HKD150,000 and special damages at HKD15,000, total HKD165,000, with interest and costs orders as specified.

Source excerpt

• Damages assessment
• Medical expert evidence
• Psychiatric evidence
• Single joint expert
• Loss of earnings
• Special damages

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LAW KWAI YEE v. LAW MOON KWONG

Court

District Court

Case number

DCPI3261/2022

Assessment of damages for a daughter assaulted by her father. The court awarded HK$418,462.88 plus interest and costs, after reducing a pre-trial loss period and rejecting aggravated and exemplary damages.

• Damages assessment
• Pain and suffering and loss of amenities
• Loss of earnings and earning capacity
• Post-traumatic stress disorder
• Special damages
• Interest

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CHOI CHUN TAI v. LAM SZE LING

Court

District Court

Case number

DCPI3716/2022

Assessment of damages in a Hong Kong personal injury action arising from an assault, with damages awarded for PSLA, special damages, and loss of service.

• Assault and battery
• Trespass to person
• Chronic subdural haematoma
• Post-concussion syndrome
• Assessment of damages
• Special damages

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BARBARA CAPPELLI v. HUANG, RENQIN

Court

District Court

Case number

DCPI1077/2023

District Court assessment of damages for a traffic accident injury. The plaintiff received HK$250,000 PSLA and HK$281,263 special damages, with interest and costs ordered.

• Assessment of damages
• Special damages
• General damages (psla)
• Costs and interest
• Personal-injury
• Traffic-accident

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XIAO LONG v. LAM TAK YUEN

Court

District Court

Case number

DCPI1305/2021

Assessment of damages in a personal injury action arising from an electric shock and fall at work, with PSLA, lost earnings, earning capacity, special damages, interest and set-off.

• Damages assessment
• Pain and suffering
• Loss of earnings
• Loss of earning capacity
• Special damages
• Set-off for employees' compensation

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YAN KWOK SING v. TSANG YUEN FAI

Court

Court of First Instance

Case number

HCPI276/2022

Assessment of damages in a personal injuries action arising from a motorcycle-taxi collision. The court awarded PSLA, pre-trial loss, and limited special damages.

• Assessment of damages
• Pain, suffering and loss of amenity
• Pre-trial loss of earnings
• Loss of earning capacity
• Special damages
• Credibility and surveillance

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