Chan Ching Li v. Fung Kam Shing and Others

Chan Ching Li v. Fung Kam Shing and Others

Having accepted plaintiffs' evidence of earnings, reasonable use of the last three months' salaries and an 8% annual increment to trial, and applying accepted multipliers by age and dependency, the court awarded damages to the plaintiffs for pre-trial and post-trial dependency, bereavement, loss of accumulation of wealth (allowing such awards where evidence supports likely saving capacity per Lam Pak Chiu), funeral expenses and interest; costs were awarded to plaintiffs to be taxed if not agreed.

Citation
Chan Ching Li v. Fung Kam Shing and Others
Parties
Plaintiff (administratrix for the Estate of Wong Chi Wah, Deceased): Leung Mei-kuen; Plaintiff (administratrix for the Estate of Lee Man Kit, Deceased): Chan Ching-li; Plaintiff (administratrix for the Estate of Tong Wai Lok Locky, Deceased): Tang Kwan-hop; Plaintiff (administratrix for the Estate of Chan Ka Lun, Deceased): Mak Kwan-tai; 1st Defendant: Fung Kam-shing; 2nd Defendant: Chan Kam-yau; 3rd Defendant: Lam Siu-keung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 July 2002
Case Number
HCPI182/2001
Procedural Posture
Personal Injuries Fatal Accidents (assessment of Damages) / Assessment of Damages Following Interlocutory Judgment
Outcome
Assessment of damages entered for plaintiffs in four fatal-accident actions against the three defendants; detailed monetary awards and interest ordered; costs to plaintiffs
Legal Topics
Dependency Claims, Bereavement Award, Loss of Accumulation of Wealth, Funeral Expenses, Interest on Awards, Provident Fund Entitlement
Source Language
EN
Torts Personal Injury Fatal Accidents Damages Civil Procedure Dependency Claims Bereavement Award Loss of Accumulation of Wealth +3 more

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Parties

Leung Mei-kuen

Plaintiff (administratrix for the Estate of Wong Chi Wah, Deceased)

Chan Ching-li

Plaintiff (administratrix for the Estate of Lee Man Kit, Deceased)

Tang Kwan-hop

Plaintiff (administratrix for the Estate of Tong Wai Lok Locky, Deceased)

Mak Kwan-tai

Plaintiff (administratrix for the Estate of Chan Ka Lun, Deceased)

Fung Kam-shing

1st Defendant

Chan Kam-yau

2nd Defendant

Lam Siu-keung

3rd Defendant

Procedural Posture

Personal Injuries Fatal Accidents (assessment of Damages) / Assessment of Damages Following Interlocutory Judgment

Legal Issues

  1. 1 Appropriate basis for notional income (use of last three months and annual increment)
  2. 2 Appropriate multiplicand and multiplier for dependency and loss of accumulation awards
  3. 3 Calculation of pre-trial and post-trial dependency periods and quantum

Ratio Decidendi

Having accepted plaintiffs' evidence of earnings, reasonable use of the last three months' salaries and an 8% annual increment to trial, and applying accepted multipliers by age and dependency, the court awarded damages to the plaintiffs for pre-trial and post-trial dependency, bereavement, loss of accumulation of wealth (allowing such awards where evidence supports likely saving capacity per Lam Pak Chiu), funeral expenses and interest; costs were awarded to plaintiffs to be taxed if not agreed.

Court Disposition

Assessment of damages entered for plaintiffs in four fatal-accident actions against the three defendants; detailed monetary awards and interest ordered; costs to plaintiffs

Orders

  • HCPI184/2001 awards: loss of accumulation HKD 1010160; bereavement HKD 150000; funeral expenses HKD 200000
  • Interest for HCPI184: suitor's fund rate on bereavement; half-judgment rate on half of funeral expenses pre-judgment then judgment rate; judgment rate on remaining half from date of judgment