LUI CHUK v. NG CHUNG WING

LUI CHUK v. NG CHUNG WING

On the evidence of monthly remittances and annual goods supplied to the dependants the court assessed monthly dependency at $300, applied a multiplier of 11 producing $39,600, reduced that sum by 20% for lump sum payment to $31,680, awarded funeral expenses of $1,000 and assessed the statutory solatium at $8,000 which will merge with the fatal accidents award; interest was directed at specified rates and apportionment among dependants was adjourned due to uncertainty in the number of children.

Citation
LUI CHUK v. NG CHUNG WING
Parties
Plaintiffs: LUI CHUK otherwise known as LUI HING CHUK, administrator and LUI BING NG, co-administrator of the Estate of LUI CHAU otherwise known as LUI YAN CHOW or LUI YEUNG CHOW, deceased; 1st Defendant: NG CHUNG WING alias ALEXANDER NG Jr.; 2nd Defendant: ELIAN CHEUNG SUK WAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 October 1973
Case Number
HCA1909/1970
Procedural Posture
Fatal Accidents / Wrongful Death (assessment of Damages) / Damages Assessment Following Interlocutory Judgment in Default
Outcome
Damages assessed: Fatal Accidents Ordinance dependency award assessed at $39,600 reduced by 20% for lump sum to $31,680; funeral expenses $1,000 allowed; statutory solatium under Law Amendment and Reform (Consolidation) Ordinance assessed at $8,000 and to merge with fatal accidents award; interest and costs ordered;...
Legal Topics
Assessment of Damages, Fatal Accidents Ordinance, Law Amendment and Reform (consolidation) Ordinance, Interest on Damages, Costs Taxation
Source Language
EN
Torts Wrongful Death Damages Civil Procedure Assessment of Damages Fatal Accidents Ordinance Law Amendment and Reform (consolidation) Ordinance Interest on Damages +1 more

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Parties

LUI CHUK otherwise known as LUI HING CHUK, administrator and LUI BING NG, co-administrator of the Estate of LUI CHAU otherwise known as LUI YAN CHOW or LUI YEUNG CHOW, deceased

Plaintiffs

NG CHUNG WING alias ALEXANDER NG Jr.

1st Defendant

ELIAN CHEUNG SUK WAN

2nd Defendant

Procedural Posture

Fatal Accidents / Wrongful Death (assessment of Damages) / Damages Assessment Following Interlocutory Judgment in Default

Legal Issues

  1. 1 Quantum of dependency and appropriate multiplier for future loss
  2. 2 Apportionment of assessed damages among dependants given uncertainty in number of children
  3. 3 Application of lump sum discount to future dependency award

Ratio Decidendi

On the evidence of monthly remittances and annual goods supplied to the dependants the court assessed monthly dependency at $300, applied a multiplier of 11 producing $39,600, reduced that sum by 20% for lump sum payment to $31,680, awarded funeral expenses of $1,000 and assessed the statutory solatium at $8,000 which will merge with the fatal accidents award; interest was directed at specified rates and apportionment among dependants was adjourned due to uncertainty in the number of children.

Court Disposition

Damages assessed: Fatal Accidents Ordinance dependency award assessed at $39,600 reduced by 20% for lump sum to $31,680; funeral expenses $1,000 allowed; statutory solatium under Law Amendment and Reform (Consolidation) Ordinance assessed at $8,000 and to merge with fatal accidents award; interest and costs ordered;...

Orders

  • Assess general dependency at $39,600 (monthly dependency $300 x12 x multiplier 11)
  • Apply 20% lump sum discount to general dependency: payable $31,680