LAU WONG TAI AND ANOTHER v. WONG MAN HUN AND ANOTHER

LAU WONG TAI AND ANOTHER v. WONG MAN HUN AND ANOTHER

Registrar found employment evidence unsatisfactory and discounted claimed earnings; assessed dependency at $400 per month with multiplier 12 producing $57,600, discounted to a lump sum of $48,000; apportioned $26,000 to the 1st plaintiff, $8,500 and $13,500 to the two children, awarded $8,000 for loss of expectation of life to merge with the fatal-accident award, added agreed special damages $2,550 for a total of $50,550, ordered interest (4% on special damages from date of accident; 8% on general damages from service of writ) and costs to plaintiffs with a certificate for counsel.

Citation
LAU WONG TAI AND ANOTHER v. WONG MAN HUN AND ANOTHER
Parties
1st Plaintiff: LAU WONG TAI; 2nd Plaintiff: LAU TIN FAT (suing as administrators of the estate of Chan Lin Kiu, deceased); 1st Defendant: WONG MAN HUN; 2nd Defendant: CHEUNG WAN CHOY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 April 1974
Case Number
HCA52/1974
Procedural Posture
Fatal Accidents / Tort — Assessment of Damages / Assessment of Damages After Interlocutory Judgment (entered by Consent)
Outcome
Interlocutory judgment affirmed and damages assessed and awarded against defendants
Legal Topics
Assessment of Dependency, Loss of Expectation of Life, Apportionment of Damages, Interest on Damages, Costs
Source Language
EN
Tort Fatal Accidents Road Traffic Accident Damages Assessment of Dependency Loss of Expectation of Life Apportionment of Damages Interest on Damages +1 more

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Parties

LAU WONG TAI

1st Plaintiff

LAU TIN FAT (suing as administrators of the estate of Chan Lin Kiu, deceased)

2nd Plaintiff

WONG MAN HUN

1st Defendant

CHEUNG WAN CHOY

2nd Defendant

Procedural Posture

Fatal Accidents / Tort — Assessment of Damages / Assessment of Damages After Interlocutory Judgment (entered by Consent)

Legal Issues

  1. 1 Whether the deceased was employed as a casual labourer and the correct measure of her contribution to family income
  2. 2 Quantum of dependency under the Fatal Accidents Ordinance
  3. 3 Appropriate multiplier and discount for lump sum award

Ratio Decidendi

Registrar found employment evidence unsatisfactory and discounted claimed earnings; assessed dependency at $400 per month with multiplier 12 producing $57,600, discounted to a lump sum of $48,000; apportioned $26,000 to the 1st plaintiff, $8,500 and $13,500 to the two children, awarded $8,000 for loss of expectation of life to merge with the fatal-accident award, added agreed special damages $2,550 for a total of $50,550, ordered interest (4% on special damages from date of accident; 8% on general damages from service of writ) and costs to plaintiffs with a certificate for counsel.

Court Disposition

Interlocutory judgment affirmed and damages assessed and awarded against defendants

Orders

  • Damages under the Fatal Accidents Ordinance assessed at $48,000 (lump sum) apportioned: $26,000 to 1st plaintiff, $8,500 to Lau Kin Man, $13,500 to Lau Kwai Hing
  • Damages for loss of expectation of life assessed at $8,000 and to merge with the Fatal Accidents award