HO PANG LIN AND ANOTHER v. HO SHUI ON AND ANOTHER

HO PANG LIN AND ANOTHER v. HO SHUI ON AND ANOTHER

Where the evidence established on the balance of probabilities that the deceased would have accumulated wealth by natural death despite absence of an identifiable savings pattern (due to thrift, settled lifestyle, family responsibilities and business prospects), the court may award a conservative global sum for loss of accumulation rather than a notional percentage; for dependency the court adopted the English conventional percentage approach (75% of income for widow and children) but applied an average multiplier of nine to reflect differing ages and stages of dependants, awarded gross dependency accordingly, deducted statutory Employees Compensation and apportioned the balance among...

Citation
HO PANG LIN AND ANOTHER v. HO SHUI ON AND ANOTHER
Parties
Plaintiffs: Ho Pang Lin and Wong Hop Hing (co-administrators of the estate of Wong Hup Yim, deceased); 1st Defendant: Ho Shui On; 2nd Defendant: Tsuen Lee Metals & Plastic Toys Co. Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 August 1994
Case Number
HCA4450/1993
Procedural Posture
Fatal Accidents Claim Under Fatal Accidents Ordinance (cap.22) and LARCO (cap.23) / Assessment of Quantum at Trial (liability Conceded)
Outcome
Judgment for Plaintiffs on quantum; liability conceded; damages assessed and awarded.
Legal Topics
Loss of Accumulation of Wealth, Dependency Assessment and Apportionment, Bereavement Award, Special Damages, Global Award for Non Quantifiable Losses, Deduction of Statutory Compensation
Source Language
EN
Torts Fatal Accidents Damages Probate/larco Loss of Accumulation of Wealth Dependency Assessment and Apportionment Bereavement Award Special Damages +2 more

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Parties

Ho Pang Lin and Wong Hop Hing (co-administrators of the estate of Wong Hup Yim, deceased)

Plaintiffs

Ho Shui On

1st Defendant

Tsuen Lee Metals & Plastic Toys Co. Ltd.

2nd Defendant

Procedural Posture

Fatal Accidents Claim Under Fatal Accidents Ordinance (cap.22) and LARCO (cap.23) / Assessment of Quantum at Trial (liability Conceded)

Legal Issues

  1. 1 Whether an award for loss of accumulation of wealth can be made absent an identifiable savings pattern
  2. 2 If such an award can be made, how it should be quantified
  3. 3 Whether conventional percentage methods should be used to assess overall family dependency

Ratio Decidendi

Where the evidence established on the balance of probabilities that the deceased would have accumulated wealth by natural death despite absence of an identifiable savings pattern (due to thrift, settled lifestyle, family responsibilities and business prospects), the court may award a conservative global sum for loss of accumulation rather than a notional percentage; for dependency the court adopted the English conventional percentage approach (75% of income for widow and children) but applied an average multiplier of nine to reflect differing ages and stages of dependants, awarded gross dependency accordingly, deducted statutory Employees Compensation and apportioned the balance among...

Court Disposition

Judgment for Plaintiffs on quantum; liability conceded; damages assessed and awarded.

Orders

  • LARCO: Funeral expenses awarded HKD 71120
  • LARCO: Hospital expenses awarded HKD 306