SIU YIN KWAN AND ANOTHER v. THE PERSONAL REPRESENTATIVES OF JIMMY P.(BO) GARY, DECEASED AND ANOTHER

SIU YIN KWAN AND ANOTHER v. THE PERSONAL REPRESENTATIVES OF JIMMY P.(BO) GARY, DECEASED AND ANOTHER

The court awarded damages based on statutory causes of action (LARCO and FAO), accepted contemporaneous earnings evidence for current earnings ($5,000/month), applied multipliers (15 years for the 27‑year‑old deceased; 14 years for the 34‑year‑old), applied a 55% free balance, rejected pain and suffering claims due to inadmissible hearsay, and disregarded employees' compensation awards for the purposes of this assessment given employer insolvency and disputed insurance cover.

Citation
SIU YIN KWAN AND ANOTHER v. THE PERSONAL REPRESENTATIVES OF JIMMY P.(BO) GARY, DECEASED AND ANOTHER
Parties
1st Plaintiff: SIU YIN KWAN (administratrix of the estate of CHAN YING LUNG, deceased); 2nd Plaintiff: WANG CHANG SEU YING (administratrix of the estate of SAE HENG HAI alias WANG POA TSING, deceased); 1st Defendant: The Personal Representatives of JIMMY P. (BO) GARY, deceased; 2nd Defendant: AXELSON COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 October 1987
Case Number
HCA3120/1986
Procedural Posture
Assessment of Damages (fatal Maritime Accident) / Assessment of Damages Following Interlocutory Judgment Against 2nd Defendant; Hearing in Chambers
Outcome
Judgment for Plaintiffs against 2nd Defendant (Axelson Company Limited) with damages awarded as assessed; costs to be paid by Defendants and taxed if not agreed; plaintiffs' own costs taxed under Legal Aid Regulations; certificate for counsel ordered.
Legal Topics
Fatal Accident, Damages Assessment, Loss of Dependency, Hearsay Evidence Admissibility, Interest on Damages, Employees' Compensation
Source Language
EN
Maritime Law Wrongful Death Civil Procedure Employment Law Personal Injury Fatal Accident Damages Assessment Loss of Dependency +3 more

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Parties

SIU YIN KWAN (administratrix of the estate of CHAN YING LUNG, deceased)

1st Plaintiff

WANG CHANG SEU YING (administratrix of the estate of SAE HENG HAI alias WANG POA TSING, deceased)

2nd Plaintiff

The Personal Representatives of JIMMY P. (BO) GARY, deceased

1st Defendant

AXELSON COMPANY LIMITED

2nd Defendant

Procedural Posture

Assessment of Damages (fatal Maritime Accident) / Assessment of Damages Following Interlocutory Judgment Against 2nd Defendant; Hearing in Chambers

Legal Issues

  1. 1 Whether plaintiffs entitled to damages under LARCO (Cap.23) and FAO (Cap.22)
  2. 2 Quantum of damages for funeral expenses, pain and suffering, loss of expectation of life and 'lost years'
  3. 3 Appropriate multiplier and free balance percentage for lost years calculation

Ratio Decidendi

The court awarded damages based on statutory causes of action (LARCO and FAO), accepted contemporaneous earnings evidence for current earnings ($5,000/month), applied multipliers (15 years for the 27‑year‑old deceased; 14 years for the 34‑year‑old), applied a 55% free balance, rejected pain and suffering claims due to inadmissible hearsay, and disregarded employees' compensation awards for the purposes of this assessment given employer insolvency and disputed insurance cover.

Court Disposition

Judgment for Plaintiffs against 2nd Defendant (Axelson Company Limited) with damages awarded as assessed; costs to be paid by Defendants and taxed if not agreed; plaintiffs' own costs taxed under Legal Aid Regulations; certificate for counsel ordered.

Orders

  • 1st Plaintiff (estate of Chan Ying Lung): Funeral expenses $17,422.00; Loss of expectation of life $20,000.00; Loss of pre-trial earnings $116,289.00; Loss of post-trial earnings $360,250.00; Total LARCO damages $513,961.00.
  • 1st Plaintiff (dependants under FAO): Total FAO damages $75,120.00 apportioned to four children as certified ($15,024.00; $15,024.00; $18,780.00; $26,292.00).