HO WUN CHAU AND ANOTHER v. CHAN CHUK MUI

HO WUN CHAU AND ANOTHER v. CHAN CHUK MUI

Because the claimant evidence of earnings, family expenditure and payments to extended family was accepted and the defendant defaulted, the court applied a 10% annual income growth, accepted the proposed multipliers (including multiplier 14 for LARCO), awarded quantified pre-trial and post-trial dependency losses, LARCO at 10% with multiplier 14, the statutory bereavement award and funeral expenses, and ordered interest and costs as directed.

Citation
HO WUN CHAU AND ANOTHER v. CHAN CHUK MUI
Parties
Plaintiff (administrator of the Estate of Chan Ming Hei): HO WUN CHAU; Plaintiff (administrator of the Estate of Chan Ming Hei): CHAN KAU; Defendant (formerly Trading as Kwong Hing Stone Work Marble Eng. Co.): CHAN CHUK MUI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 November 1997
Case Number
HCPI595/1995
Procedural Posture
Wrongful Death / Fatal Accidents Ordinance Claim / Assessment of Damages Following Interlocutory Judgment Entered for Failure to Comply With Unless Order (damages to Be Assessed)
Outcome
Interlocutory judgment for damages assessed and awarded to plaintiffs following defendant's default; total damages awarded HK$1,246,994.50; costs to plaintiff.
Legal Topics
Loss of Dependency, Loss of Accumulation of Wealth, Bereavement Award, Interest on Damages, Costs, Assessment Multipliers
Source Language
EN
Tort Fatal Accidents Damages Civil Procedure Employment Law Loss of Dependency Loss of Accumulation of Wealth Bereavement Award +3 more

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Parties

HO WUN CHAU

Plaintiff (administrator of the Estate of Chan Ming Hei)

CHAN KAU

Plaintiff (administrator of the Estate of Chan Ming Hei)

CHAN CHUK MUI

Defendant (formerly Trading as Kwong Hing Stone Work Marble Eng. Co.)

Procedural Posture

Wrongful Death / Fatal Accidents Ordinance Claim / Assessment of Damages Following Interlocutory Judgment Entered for Failure to Comply With Unless Order (damages to Be Assessed)

Legal Issues

  1. 1 Whether claimants are entitled to loss of dependency under Fatal Accidents Ordinance and estate claim under Cap.23 s.10
  2. 2 Appropriate method and figures to calculate pre-trial and post-trial loss of dependency (income growth rate, monthly dependency, and multipliers)
  3. 3 Whether loss of accumulation of wealth (LARCO) should be awarded and at what rate and multiplier

Ratio Decidendi

Because the claimant evidence of earnings, family expenditure and payments to extended family was accepted and the defendant defaulted, the court applied a 10% annual income growth, accepted the proposed multipliers (including multiplier 14 for LARCO), awarded quantified pre-trial and post-trial dependency losses, LARCO at 10% with multiplier 14, the statutory bereavement award and funeral expenses, and ordered interest and costs as directed.

Court Disposition

Interlocutory judgment for damages assessed and awarded to plaintiffs following defendant's default; total damages awarded HK$1,246,994.50; costs to plaintiff.

Orders

  • Pre-trial loss of dependency awarded: HK$812,156.50
  • Post-trial loss of dependency awarded: HK$290,038.00