CHAN LAI FONG AND ANOTHER v. CHUNG KIN WA AND ANOTHER

CHAN LAI FONG AND ANOTHER v. CHUNG KIN WA AND ANOTHER

The court accepted the agreed income and multiplier, adjusted realistic post-accident earning and savings projections, accepted the plaintiff's evidence concerning non-deductibility of the HK$100,000 funeral emergency payment, awarded the quantified pre-trial and post-trial dependency and accumulation losses and funeral expenses, deducted the Employees Compensation award from the aggregate but declined pre-trial interest on those heads as the statutory compensation included interest.

Citation
CHAN LAI FONG AND ANOTHER v. CHUNG KIN WA AND ANOTHER
Parties
Plaintiffs: CHAN LAI FONG; CHAN LIN FUNG (administratrices of the estate of SHEK PING HIN, deceased); 1st Defendant: CHUNG KIN WA trading as KIN KWAN CONSTRUCTION ENGINEERING COMPANY; 2nd Defendant: LEE SHING YUE CONSTRUCTION COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 May 2002
Case Number
HCPI199/2000
Procedural Posture
Personal Injuries Action (wrongful Death) / Assessment of Damages Following Interlocutory Judgment
Outcome
Judgment for the Plaintiffs for damages in the sum of HK$1,954,837.00 plus interest from date of judgment until payment at judgment rate; no interest awarded on pre-trial losses covered by Employees Compensation; costs to be taxed and paid by Defendants unless application to be heard within 14 days; Plaintiffs' own...
Legal Topics
Loss of Dependency, Bereavement, Funeral Expenses, Loss of Accumulation of Wealth, Interest on Judgment, Costs, Deductibility of Compensation
Source Language
EN
Torts Personal Injury Wrongful Death Employment Compensation Damages Assessment Loss of Dependency Bereavement Funeral Expenses +4 more

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Parties

CHAN LAI FONG; CHAN LIN FUNG (administratrices of the estate of SHEK PING HIN, deceased)

Plaintiffs

CHUNG KIN WA trading as KIN KWAN CONSTRUCTION ENGINEERING COMPANY

1st Defendant

LEE SHING YUE CONSTRUCTION COMPANY LIMITED

2nd Defendant

Procedural Posture

Personal Injuries Action (wrongful Death) / Assessment of Damages Following Interlocutory Judgment

Legal Issues

  1. 1 Quantification of pre-trial and post-trial dependency and appropriate multiplier
  2. 2 Assessment of loss of accumulation of wealth (pre- and post-trial)
  3. 3 Whether funeral payments received are deductible from award

Ratio Decidendi

The court accepted the agreed income and multiplier, adjusted realistic post-accident earning and savings projections, accepted the plaintiff's evidence concerning non-deductibility of the HK$100,000 funeral emergency payment, awarded the quantified pre-trial and post-trial dependency and accumulation losses and funeral expenses, deducted the Employees Compensation award from the aggregate but declined pre-trial interest on those heads as the statutory compensation included interest.

Court Disposition

Judgment for the Plaintiffs for damages in the sum of HK$1,954,837.00 plus interest from date of judgment until payment at judgment rate; no interest awarded on pre-trial losses covered by Employees Compensation; costs to be taxed and paid by Defendants unless application to be heard within 14 days; Plaintiffs' own...

Orders

  • Judgment for Plaintiffs in the sum of HK$1,954,837.00
  • Interest on that sum from date of judgment until payment at judgment rate