YAU CHI CHUEN AND ANOTHER v. LAM WAI CHUNG AND ANOTHER

YAU CHI CHUEN AND ANOTHER v. LAM WAI CHUNG AND ANOTHER

The estate is entitled to recover damages for the deceased's lost years under s.20(1) Cap.23 irrespective of dependants; the court must calculate annual net contribution (gross income less deceased's own living expenses) and apply an appropriate multiplier (10 here) to assess lost years; contributory negligence is to be apportioned (50% each) where both parties are equally to blame; the resulting award under Cap.23 extinguishes any claim under the Fatal Accidents Ordinance.

Citation
YAU CHI CHUEN AND ANOTHER v. LAM WAI CHUNG AND ANOTHER
Parties
Plaintiff (administrator of the Estate of Tsang Mei): YAU CHI CHUEN; Plaintiff (administrator of the Estate of Tsang Mei): YAU YUK MUI; Deceased: TSANG MEI; 1st Defendant: LAM WAI CHUNG; 2nd Defendant: YUEN HING CHEONG METAL FACTORY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 1981
Case Number
HCA1910/1980
Procedural Posture
Fatal Accident Wrongful Death/personal Injury (vehicle Collision) / Judgment (high Court Trial Concluded)
Outcome
Judgment for plaintiffs (estate). Deceased and 1st defendant found equally to blame (50% apportionment). Damages awarded to the estate under the Law Amendment and Reform (Consolidation) Ordinance (Cap.23). Claim under the Fatal Accidents Ordinance extinguished. Costs to plaintiffs.
Legal Topics
Assessment of Damages, Lost Years, Contributory Negligence and Apportionment, Interest on Damages, Extinguishment of Fatal Accidents Claim
Source Language
EN
Tort Damages Fatal Accidents Ordinance (cap.22) Law Amendment and Reform (consolidation) Ordinance (cap.23) Assessment of Damages Lost Years Contributory Negligence and Apportionment Interest on Damages +1 more

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Parties

YAU CHI CHUEN

Plaintiff (administrator of the Estate of Tsang Mei)

YAU YUK MUI

Plaintiff (administrator of the Estate of Tsang Mei)

TSANG MEI

Deceased

LAM WAI CHUNG

1st Defendant

YUEN HING CHEONG METAL FACTORY LIMITED

2nd Defendant

Procedural Posture

Fatal Accident Wrongful Death/personal Injury (vehicle Collision) / Judgment (high Court Trial Concluded)

Legal Issues

  1. 1 Whether the 1st defendant was negligent and liable for death of deceased
  2. 2 Whether the deceased was contributorily negligent and appropriate apportionment
  3. 3 Whether the estate can recover damages for 'lost years' under Cap.23 irrespective of dependants

Ratio Decidendi

The estate is entitled to recover damages for the deceased's lost years under s.20(1) Cap.23 irrespective of dependants; the court must calculate annual net contribution (gross income less deceased's own living expenses) and apply an appropriate multiplier (10 here) to assess lost years; contributory negligence is to be apportioned (50% each) where both parties are equally to blame; the resulting award under Cap.23 extinguishes any claim under the Fatal Accidents Ordinance.

Court Disposition

Judgment for plaintiffs (estate). Deceased and 1st defendant found equally to blame (50% apportionment). Damages awarded to the estate under the Law Amendment and Reform (Consolidation) Ordinance (Cap.23). Claim under the Fatal Accidents Ordinance extinguished. Costs to plaintiffs.

Orders

  • Judgment for the plaintiffs for damages under Cap.23: $7,500 general damages for loss of expectation of life
  • $104,000 general damages for loss of earnings during the 'lost years'