CHEUNG MEI NOR AND ANOTHER v. MAK KAU AND ANOTHER

CHEUNG MEI NOR AND ANOTHER v. MAK KAU AND ANOTHER

Because evidence of the deceased's precise age and exact contribution level was vague and unverified, the court resolved uncertainties against the plaintiffs, adopted a multiplicand of HKD 500 per month and a multiplier of 6 (on an assumed age of 63), awarded general damages of HKD 36,000, refused to apply the 'lost years' principle from Pickett to a Fatal Accidents claim, ordered the conventional Cap.23 award of HKD 10,000 to merge, allowed special damages for funeral expenses of HKD 6,000, awarded interest (7% p.a. on general from service of the writ; 4% p.a. on special from date of accident) and ordered costs to plaintiffs under the Legal Aid Regulations with a certificate for counsel.

Citation
CHEUNG MEI NOR AND ANOTHER v. MAK KAU AND ANOTHER
Parties
Administratrix of the Estate of Ng Yuk Chan, Deceased: Cheung Mei Nor; Co Administratrix of the Estate of Ng Yuk Chan, Deceased: Ng Shun Sin; 1st Defendant: Mak Kau; 2nd Defendant: Kwang Pek Li
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 July 1979
Case Number
HCA4455/1978
Procedural Posture
Fatal Accidents Claim Under Fatal Accidents Ordinance (assessment of Damages) / Assessment of Damages After Interlocutory Judgment
Outcome
Assessment awarded in favour of the plaintiffs; damages quantified and orders made as below
Legal Topics
Assessment of Dependency and Quantum, Multiplier Methodology, Lost Years Doctrine (considered and Rejected), Interest on Damages, Costs and Legal Aid Regulations
Source Language
EN
Tort Fatal Accidents Damages Law Assessment of Dependency and Quantum Multiplier Methodology Lost Years Doctrine (considered and Rejected) Interest on Damages Costs and Legal Aid Regulations

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Parties

Cheung Mei Nor

Administratrix of the Estate of Ng Yuk Chan, Deceased

Ng Shun Sin

Co Administratrix of the Estate of Ng Yuk Chan, Deceased

Mak Kau

1st Defendant

Kwang Pek Li

2nd Defendant

Procedural Posture

Fatal Accidents Claim Under Fatal Accidents Ordinance (assessment of Damages) / Assessment of Damages After Interlocutory Judgment

Legal Issues

  1. 1 Appropriate multiplicand (monthly contribution) to adopt given vague evidence of contributions
  2. 2 Appropriate multiplier given uncertainty of deceased's age
  3. 3 Applicability of 'lost years' principle from Pickett to Fatal Accidents claims

Ratio Decidendi

Because evidence of the deceased's precise age and exact contribution level was vague and unverified, the court resolved uncertainties against the plaintiffs, adopted a multiplicand of HKD 500 per month and a multiplier of 6 (on an assumed age of 63), awarded general damages of HKD 36,000, refused to apply the 'lost years' principle from Pickett to a Fatal Accidents claim, ordered the conventional Cap.23 award of HKD 10,000 to merge, allowed special damages for funeral expenses of HKD 6,000, awarded interest (7% p.a. on general from service of the writ; 4% p.a. on special from date of accident) and ordered costs to plaintiffs under the Legal Aid Regulations with a certificate for counsel.

Court Disposition

Assessment awarded in favour of the plaintiffs; damages quantified and orders made as below

Orders

  • General damages awarded: HKD 36,000
  • Conventional award under Cap.23: HKD 10,000 to merge with Fatal Accidents Ordinance damages