HO SAU YING AND ANOTHER v. MAK LUNG FEI AND OTHERS

HO SAU YING AND ANOTHER v. MAK LUNG FEI AND OTHERS

Master Woolley accepted the plaintiffs' evidence and submissions. He applied a multiplier of 8, a 60% free balance to calculate loss of dependency, awarded $11,980 for funeral expenses and $20,000 for loss of expectation of life, credited Employees' Compensation of $78,200 against the award, and assessed the 2nd plaintiff's damages at $8,000 general and $21,220 total special damages with specified interest. Costs were ordered against the defendants to be taxed if not agreed.

Citation
HO SAU YING AND ANOTHER v. MAK LUNG FEI AND OTHERS
Parties
1st Plaintiff: HO SAU YING (Administratrix of the estate of HO WAI LEUNG, deceased); 2nd Plaintiff: SIN SANG; 1st Defendant: MAK LUNG FEI; 2nd Defendant: HO SUET CHUN; 3rd Defendant: LI CHUN KEUNG; 4th Defendant: CHEUNG FAT ENGINEERING & TRANSPORTATION CO. LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 1985
Case Number
HCA4776/1984
Procedural Posture
Personal Injury / Fatal Accident Assessment of Damages / Assessment of Damages Following Default Judgment (hearing Before Master Woolley)
Outcome
Judgment entered for plaintiffs following default; damages assessed in favour of the 1st and 2nd plaintiffs as detailed below
Legal Topics
Negligence, Damages Assessment, Loss of Dependency, Set Off for Compensation, Interest on Damages
Source Language
EN
Torts Personal Injury Fatal Accident Claims Negligence Damages Assessment Loss of Dependency Set Off for Compensation Interest on Damages

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Parties

HO SAU YING (Administratrix of the estate of HO WAI LEUNG, deceased)

1st Plaintiff

SIN SANG

2nd Plaintiff

MAK LUNG FEI

1st Defendant

HO SUET CHUN

2nd Defendant

LI CHUN KEUNG

3rd Defendant

CHEUNG FAT ENGINEERING & TRANSPORTATION CO. LTD.

4th Defendant

Procedural Posture

Personal Injury / Fatal Accident Assessment of Damages / Assessment of Damages Following Default Judgment (hearing Before Master Woolley)

Legal Issues

  1. 1 Quantum of damages for fatal injury and dependency claim
  2. 2 Appropriate multiplier for future loss of earnings
  3. 3 Appropriate free balance deduction from income

Ratio Decidendi

Master Woolley accepted the plaintiffs' evidence and submissions. He applied a multiplier of 8, a 60% free balance to calculate loss of dependency, awarded $11,980 for funeral expenses and $20,000 for loss of expectation of life, credited Employees' Compensation of $78,200 against the award, and assessed the 2nd plaintiff's damages at $8,000 general and $21,220 total special damages with specified interest. Costs were ordered against the defendants to be taxed if not agreed.

Court Disposition

Judgment entered for plaintiffs following default; damages assessed in favour of the 1st and 2nd plaintiffs as detailed below

Orders

  • Damages assessed for 1st Plaintiff (estate of Ho Wai Leung): gross award before credit $168,114.48 HKD; credit Employees' Compensation $78,200.00 HKD; net award $89,914.48 HKD
  • Interest on special damages from date of accident to trial at 5.5% per annum and on pre-trial loss from date of service of writ to trial at 3% per annum; no interest on post-trial loss