SO MO-CHING AND OTHERS v. KWOK PING-WAH AND ANOTHER

SO MO-CHING AND OTHERS v. KWOK PING-WAH AND ANOTHER

Court awarded damages on assessed quantum: general damages for plaintiff's pain, suffering and loss of amenities set at HKD 15,000; allowed specified special damages; calculated dependency for surviving children by establishing net monthly dependency of HKD 634 (HKD 317 each), applied multipliers for periods of education, deducted 10% for vicissitudes, valued lost domestic services using half-time amah rate with same multipliers, awarded loss of expectation sums of HKD 10,000 each merging with Fatal Accidents awards, awarded funeral expenses and interest at 4% on special damages from date of accident and 8% on general damages from service of writ to judgment, and ordered payment of sums...

Citation
SO MO-CHING AND OTHERS v. KWOK PING-WAH AND ANOTHER
Parties
1st Plaintiff: So Mo-ching (infant) by her next friend So Ngan-hoi; 2nd & 3rd Plaintiffs: So Ngan-hoi and So Fuk Yau (co-administratrix and co-administrator of the estates of Chan Hing Yee and So Hon-wah, deceased); 1st Defendant: Kwok Ping-wah; 2nd Defendant: New Lantao Bus Company (1973) Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 April 1977
Case Number
HCA994/1976
Procedural Posture
Tort Personal Injury and Fatal Accidents / Assessment of Damages Following Interlocutory Judgment
Outcome
Interlocutory judgment for plaintiffs upheld; damages assessed and awarded to plaintiffs and dependants as detailed.
Legal Topics
Assessment of Damages, General Damages, Special Damages, Dependency Claims, Loss of Expectation of Life, Interest on Damages
Source Language
EN
Tort Personal Injury Fatal Accidents Damages Civil Procedure Assessment of Damages General Damages Special Damages +3 more

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Parties

So Mo-ching (infant) by her next friend So Ngan-hoi

1st Plaintiff

So Ngan-hoi and So Fuk Yau (co-administratrix and co-administrator of the estates of Chan Hing Yee and So Hon-wah, deceased)

2nd & 3rd Plaintiffs

Kwok Ping-wah

1st Defendant

New Lantao Bus Company (1973) Ltd.

2nd Defendant

Procedural Posture

Tort Personal Injury and Fatal Accidents / Assessment of Damages Following Interlocutory Judgment

Legal Issues

  1. 1 Assessment of damages for personal injuries to surviving plaintiff
  2. 2 Assessment of dependency claims under Fatal Accidents Ordinance
  3. 3 Assessment of loss of expectation of life under Law Amendment and Reform (Consolidation) Ordinance

Ratio Decidendi

Court awarded damages on assessed quantum: general damages for plaintiff's pain, suffering and loss of amenities set at HKD 15,000; allowed specified special damages; calculated dependency for surviving children by establishing net monthly dependency of HKD 634 (HKD 317 each), applied multipliers for periods of education, deducted 10% for vicissitudes, valued lost domestic services using half-time amah rate with same multipliers, awarded loss of expectation sums of HKD 10,000 each merging with Fatal Accidents awards, awarded funeral expenses and interest at 4% on special damages from date of accident and 8% on general damages from service of writ to judgment, and ordered payment of sums...

Court Disposition

Interlocutory judgment for plaintiffs upheld; damages assessed and awarded to plaintiffs and dependants as detailed.

Orders

  • General damages for personal injuries to 1st plaintiff (So Mo Ching) assessed at HKD 15,000.
  • Special damages to 1st plaintiff allowed: hospital charges HKD 12; outpatient fares HKD 75; damage to clothing HKD 55; lost purse HKD 15; replacement spectacles HKD 55 (total HKD 212).