LUI YEE KWOK AND OTHERS v. YAU TAK SHING AND ANOTHER

LUI YEE KWOK AND OTHERS v. YAU TAK SHING AND ANOTHER

The court accepted plaintiffs' medical and factual evidence and quantified damages accordingly: for the 1st plaintiff the court awarded damages for pain, suffering and loss of amenities of HK$185,000, future loss of earnings HK$250,000 (multiplier 14), additional award for sister's loss HK$20,000, total general damages HK$455,000 and special damages HK$30,688.90; for the 2nd plaintiff general HK$11,000 and special HK$517; for the 3rd plaintiff general HK$5,000 and special HK$830; for the 4th plaintiff (dependant) under the Fatal Accidents Ordinance HK$28,000 (HK$400 x 12 x 6) and loss of expectation of life HK$10,000 (merged) plus special HK$7,659. The court declined to adopt the Cookson...

Citation
LUI YEE KWOK AND OTHERS v. YAU TAK SHING AND ANOTHER
Parties
1st Plaintiff: LUI YEE KWOK; 2nd Plaintiff: LEUNG KAI WAH; 3rd Plaintiff: CHAU WING FAT; 4th Plaintiff: FAN WAH HIN alias FAN FOOK LUK administrator of the estate of FAN YIN MEI, VERA deceased; 1st Defendant: YAU TAK SHING; 2nd Defendant: FUNG LUK
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 August 1977
Case Number
HCA789/1975
Procedural Posture
Personal Injury and Fatal Accident Claim (negligence) / Judgment on Assessment of Damages Following Liability Judgment
Outcome
Judgment for plaintiffs; damages assessed and awarded
Legal Topics
Negligence, Assessment of Damages, Loss of Earnings, Interest on Damages, Fatal Accidents Ordinance
Source Language
EN
Tort Personal Injury Fatal Accidents Civil Procedure Negligence Assessment of Damages Loss of Earnings Interest on Damages +1 more

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Parties

LUI YEE KWOK

1st Plaintiff

LEUNG KAI WAH

2nd Plaintiff

CHAU WING FAT

3rd Plaintiff

FAN WAH HIN alias FAN FOOK LUK administrator of the estate of FAN YIN MEI, VERA deceased

4th Plaintiff

YAU TAK SHING

1st Defendant

FUNG LUK

2nd Defendant

Procedural Posture

Personal Injury and Fatal Accident Claim (negligence) / Judgment on Assessment of Damages Following Liability Judgment

Legal Issues

  1. 1 Quantum of general damages for pain, suffering and loss of amenities
  2. 2 Assessment of future loss of earnings and appropriate multiplier
  3. 3 Assessment of special damages and expenses

Ratio Decidendi

The court accepted plaintiffs' medical and factual evidence and quantified damages accordingly: for the 1st plaintiff the court awarded damages for pain, suffering and loss of amenities of HK$185,000, future loss of earnings HK$250,000 (multiplier 14), additional award for sister's loss HK$20,000, total general damages HK$455,000 and special damages HK$30,688.90; for the 2nd plaintiff general HK$11,000 and special HK$517; for the 3rd plaintiff general HK$5,000 and special HK$830; for the 4th plaintiff (dependant) under the Fatal Accidents Ordinance HK$28,000 (HK$400 x 12 x 6) and loss of expectation of life HK$10,000 (merged) plus special HK$7,659. The court declined to adopt the Cookson...

Court Disposition

Judgment for plaintiffs; damages assessed and awarded

Orders

  • 2nd Plaintiff: General damages HK$11000; special damages HK$517; interest on general damages at 8% p.a. from date of service of writ; interest on special damages at 4% p.a. from date of accident; costs to plaintiff with certificate for counsel on assessment
  • 3rd Plaintiff: General damages HK$5000; special damages HK$830; interest on general damages at 8% p.a. from date of service of writ; interest on special damages at 4% p.a. from date of accident; costs to plaintiff with certificate for counsel on assessment