Hong Kong Case Law: Decisions & Judgments

Topic

Whiplash

Legal area

Court

16 Jan 2019

TONG CHUN YIP v. LEUNG SAU LAI AND ANOTHER

Citation

[2019] HKDC 48
Court

District Court
Case number

DCPI669/2016

With liability accepted by the 1st defendant and the defendants effectively not contesting at trial, the court assessed quantum on the medical evidence and comparable authorities, awarding HK$120,000 for pain, suffering and loss of amenity (PSLA), HK$28,500 for loss of earnings for 95 days based on net monthly income HK$9,000, HK$9,000 for a small loss of earning capacity, and HK$7,000 for special damages, with interest and costs ordered against the defendants.
12 May 2016

CHUI WAI KAM MICHELLE v. GILLESPIE JOHN THOMAS

Citation

CHUI WAI KAM MICHELLE v. GILLESPIE JOHN THOMAS
Court

District Court
Case number

DCPI1696/2014

The Accident caused soft tissue injury to the plaintiff's neck which made previously asymptomatic cervical degeneration symptomatic; because the pre-existing degeneration was asymptomatic and there was no evidence the same symptoms would have arisen absent the Accident, no discount was applied; on the evidence and comparable authorities PSLA awarded at HK$225,000, special damages HK$28,580 and future medical expenses HK$8,000, with interest and costs orders as set out.
1 Nov 2012

SO KIM LUNG v. LEE PAK WAI

Citation

SO KIM LUNG v. LEE PAK WAI
Court

Court of First Instance
Case number

HCPI494/2010

On the evidence the plaintiff suffered minor soft tissue injuries to neck and lower back with 0.5% residual symptoms; plaintiff's evidence was unreliable and exaggerated; objective evidence and surveillance limited the period of incapacity to six months; plaintiff's monthly income at the time of the accident found to be $10,000; plaintiff could return to pre-accident work after six months; awarded damages were PSLA $120,000, pre-trial loss $60,000, loss of earning capacity $30,000 and special damages $15,500, totaling $225,500, with interest and costs ordered as specified.
28 Jun 2011

LAU KOON LOI v. WONG WAI SING AND ANOTHER

Citation

LAU KOON LOI v. WONG WAI SING AND ANOTHER
Court

Court of First Instance
Case number

HCPI445/2007

Court accepted plaintiff's expert evidence (Dr Tsoi and joint neurosurgical view) that the C5/6 disc protrusion was aggravated by the accident and is responsible for persistent neck and shoulder pain; found 2nd defendant did not intend to reinstate plaintiff and that dismissal caused continued loss; assessed damages accordingly: PSLA $400,000; pre-trial loss $1,508,678; future loss $1,313,398; special damages $55,247; future medical $18,500; interest; less ECC payment $519,134; total judgment $3,252,648.
14 Nov 2008

SIU SIU KING v. WONG CHAK WING

Citation

SIU SIU KING v. WONG CHAK WING
Court

Court of First Instance
Case number

HCPI479/2003

On the balance of probabilities the plaintiff proved only knee injury and contusions to neck and back and a mild adjustment disorder; she did not prove the alleged disabling neurological condition from 2003 nor that any such condition was caused by the 2000 accident; damages awarded accordingly (total HKD 280,138.96) with specified interest and costs order nisi to be taxed on District Court scale.
18 Jan 2008

LI TING FAI v. WOO CHI KEUNG

Citation

LI TING FAI v. WOO CHI KEUNG
Court

District Court
Case number

DCPI807/2007

Court accepted the defendant's orthopaedic expert that the injury was a mild soft tissue whiplash with limited residual neck pain, found the plaintiff not a reliable witness and that he returned to work; awarded PSLA $90,000 and agreed special damages $18,019; no award for pre-trial, future loss of earnings or loss of earning capacity.
22 Nov 2007

CHAN CHUN WA v. WONG CHIU YUEN ANDREW

Citation

CHAN CHUN WA v. WONG CHIU YUEN ANDREW
Court

District Court
Case number

DCPI235/2007

Plaintiff's nondisclosure of a subsequent accident to medical experts and medical records showing recovery by June 2005 fatally undermined the joint expert assessments of persistent disability; on the balance of probabilities the permanent injury from the 21 Dec 2004 accident was negligible, but plaintiff was entitled to reduced PSLA and specified special damages and pre-trial loss based on documented evidence, resulting in an award of $123,323.12 plus interest and costs nisi to be taxed.
23 Aug 2007

TANG WAI TAK v. CHIU HING CONSTRUCTION & TRANSPORTATION CO LTD AND ANOTHER

Citation

TANG WAI TAK v. CHIU HING CONSTRUCTION & TRANSPORTATION CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI188/2006

On the balance of probabilities the court preferred the 2nd defendant's account that he signalled, remonstrated and did not dash negligently into the bus's path; the plaintiff failed to prove that the 2nd defendant's driving caused the claimed whiplash injury and the claim is dismissed.
3 Nov 2006

FUNG YUET HING v. MOK SUN AND ANOTHER

Citation

FUNG YUET HING v. MOK SUN AND ANOTHER
Court

District Court
Case number

DCPI1706/2005

The judge accepted the defendants' medical expert that the plaintiff sustained only mild whiplash, contusions and no permanent impairment; found many of the plaintiff's complaints overstated or unsupported; applied precedent comparisons and Moeliker test to reject any award for loss of future earning capacity; allowed PSLA of HKD 160,000 and awarded specified past expenses while denying unsupported future medical and some treatment claims. These findings determined the quantum and heads of damages awarded.
30 Oct 2002

KWOK SUI SHUM DOROTHY v. HUI LAM HO AND ANOTHER

Citation

KWOK SUI SHUM DOROTHY v. HUI LAM HO AND ANOTHER
Court

Court of First Instance
Case number

HCPI375/2001

The court found the accident caused a minor whiplash injury which contributed to the plaintiff's neck pain and some psychiatric symptoms but that the plaintiff's pre-existing asymptomatic degenerative cervical condition and the employer's redundancy materially contributed to and in part superseded the psychiatric deterioration; damages were awarded for pain and suffering and economic loss but future losses were apportioned with a 40% reduction to reflect non-tort causes, producing a net award of HKD 863,998.00, interest orders and costs nisi.