BUSHRA BIBI AND ANOTHER v. METHOD BUILDING & ENGINEERING WORKS LTD (in liquidation) AND OTHERS

BUSHRA BIBI AND ANOTHER v. METHOD BUILDING & ENGINEERING WORKS LTD (in liquidation) AND OTHERS

The court approved the agreed apportionment of damages as tabled after deducting specified employees' compensation ($885,710.58), entered judgment for the agreed damages with directions for distribution, awarded interest on pre-trial loss of dependency ($599,242.48) at 4% p.a. from date of death to 17 September 2012, and held that bereavement damages attract interest at the full judgment rate (8% p.a.) from date of death to date of judgment; costs of the apportionment hearing and related written submissions were ordered to be paid by the 1st and 2nd defendants to the plaintiffs and Madam Calinog, taxed on a common fund basis if not agreed, and further directions were given on...

Citation
BUSHRA BIBI AND ANOTHER v. METHOD BUILDING & ENGINEERING WORKS LTD (in liquidation) AND OTHERS
Parties
Plaintiff and Co Administrator of the Estate of Khalid Mehmood, Deceased: Bushra Bibi; Plaintiff and Co Administrator of the Estate of Khalid Mehmood, Deceased: Nabela Qoser; Deceased: Khalid Mehmood; 1st Defendant: Method Building & Engineering Works Limited (in liquidation); 2nd Defendant: Leighton Contractors (Asia) Limited; 3rd Defendant: Safewell Gondola (HK) Limited; Co Claimant / Dependant (madam Calinog): Cerina Shella Calinog
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 March 2015
Case Number
HCPI301/2012
Procedural Posture
Personal Injuries / Fatal Accident (apportionment and Quantum Agreed) / Apportionment Hearing and Judgment on Interest and Costs (final Allocation of Agreed Damages)
Outcome
Settlement approved; apportionment of agreed damages approved; judgment entered for agreed damages with specified deductions and interest; costs orders made and further directions given
Legal Topics
Apportionment of Dependency, Deduction of Employees' Compensation, Bereavement Statutory Award, Interest on Damages, Rate and Period of Interest, Costs Allocation Between Dependants and Defendant
Source Language
EN
Personal Injury Fatal Accidents Employees' Compensation Civil Procedure Damages and Interest Costs Apportionment of Dependency Deduction of Employees' Compensation +4 more

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Parties

Bushra Bibi

Plaintiff and Co Administrator of the Estate of Khalid Mehmood, Deceased

Nabela Qoser

Plaintiff and Co Administrator of the Estate of Khalid Mehmood, Deceased

Khalid Mehmood

Deceased

Method Building & Engineering Works Limited (in liquidation)

1st Defendant

Leighton Contractors (Asia) Limited

2nd Defendant

Safewell Gondola (HK) Limited

3rd Defendant

Cerina Shella Calinog

Co Claimant / Dependant (madam Calinog)

Procedural Posture

Personal Injuries / Fatal Accident (apportionment and Quantum Agreed) / Apportionment Hearing and Judgment on Interest and Costs (final Allocation of Agreed Damages)

Legal Issues

  1. 1 Whether the agreed damages should be apportioned between competing dependants and how employees' compensation deductions should be applied
  2. 2 Whether interest should be awarded on pre-trial loss of dependency and bereavement and at what rates and for what periods
  3. 3 Whether certain costs (including attendance costs of competing dependants' solicitors) should be paid by the defendants or by the competing dependants

Ratio Decidendi

The court approved the agreed apportionment of damages as tabled after deducting specified employees' compensation ($885,710.58), entered judgment for the agreed damages with directions for distribution, awarded interest on pre-trial loss of dependency ($599,242.48) at 4% p.a. from date of death to 17 September 2012, and held that bereavement damages attract interest at the full judgment rate (8% p.a.) from date of death to date of judgment; costs of the apportionment hearing and related written submissions were ordered to be paid by the 1st and 2nd defendants to the plaintiffs and Madam Calinog, taxed on a common fund basis if not agreed, and further directions were given on...

Court Disposition

Settlement approved; apportionment of agreed damages approved; judgment entered for agreed damages with specified deductions and interest; costs orders made and further directions given

Orders

  • Approve apportionment of agreed damages as set out in the judgment apportionment table dated 23 July 2014
  • Deduct employees' compensation in the amount of HKD 885,710.58 from gross damages of HKD 2,661,987 yielding net damages HKD 1,776,276.42