CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO. LTD.

CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO. LTD.

Judge accepted plaintiffs' evidence (notably Madam Yip) that wages, dividends and reimbursements comprised the deceaseds' income; applied the percentage-of-income method per Tsang Mei Ying; adopted multipliers of 10 (1st deceased) and 15 (2nd deceased) for future loss; awarded loss of accumulation based on demonstrated savings pattern; allowed loss of services for children but not for widows where bereavement claim applied; disallowed probate/legal costs under LARCO Cap 23 s20(2)(b)(i); quantified and reduced awards by 40% contributory negligence and deducted prior EEC payments.

Citation
CHAN KING WAN AND OTHERS v. HONEST SCAFFOLD GENERAL CONTRACTOR CO. LTD.
Parties
1st Plaintiffs: Chan King Wan and Yip Siu Yin, the Administratrices of the estate of Leung Hoi Sung, deceased; 2nd Plaintiffs: Poon Chung Kam and Ng Wai Ling, the Administratrices of the estate of Leung Kit Chuen, deceased; 1st Defendant: HONEST SCAFFOLD GENERAL CONTRACTOR COMPANY LIMITED; 2nd Defendant: KAI TAI CONSTRUCTION AND ENGINEERING COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 July 2000
Case Number
HCPI1267/1996
Procedural Posture
Personal Injuries Actions (fatal Accidents) / Assessment of Damages (judgment)
Outcome
Judgment for the 1st and 2nd plaintiffs against the 2nd defendant for quantified damages with interest and costs to be taxed; liability of 2nd defendant adjusted for 40% contributory negligence (defendant liable for 60%).
Legal Topics
Assessment of Damages, Loss of Dependency, Loss of Accumulation of Wealth, Bereavement, Funeral Expenses, Loss of Services, Contributory Negligence, Interest on Awards, Recoverability of Estate Costs
Source Language
EN
Personal Injury Fatal Accidents Tort/negligence Damages Assessment Company Law (income/dividends) Assessment of Damages Loss of Dependency Loss of Accumulation of Wealth +6 more

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Parties

Chan King Wan and Yip Siu Yin, the Administratrices of the estate of Leung Hoi Sung, deceased

1st Plaintiffs

Poon Chung Kam and Ng Wai Ling, the Administratrices of the estate of Leung Kit Chuen, deceased

2nd Plaintiffs

HONEST SCAFFOLD GENERAL CONTRACTOR COMPANY LIMITED

1st Defendant

KAI TAI CONSTRUCTION AND ENGINEERING COMPANY LIMITED

2nd Defendant

Procedural Posture

Personal Injuries Actions (fatal Accidents) / Assessment of Damages (judgment)

Legal Issues

  1. 1 Whether dividends and reimbursements formed part of the deceaseds' income for dependency calculations
  2. 2 Appropriate method for assessing dependency (percentage of income v notional dependency)
  3. 3 Appropriate multipliers for future loss

Ratio Decidendi

Judge accepted plaintiffs' evidence (notably Madam Yip) that wages, dividends and reimbursements comprised the deceaseds' income; applied the percentage-of-income method per Tsang Mei Ying; adopted multipliers of 10 (1st deceased) and 15 (2nd deceased) for future loss; awarded loss of accumulation based on demonstrated savings pattern; allowed loss of services for children but not for widows where bereavement claim applied; disallowed probate/legal costs under LARCO Cap 23 s20(2)(b)(i); quantified and reduced awards by 40% contributory negligence and deducted prior EEC payments.

Court Disposition

Judgment for the 1st and 2nd plaintiffs against the 2nd defendant for quantified damages with interest and costs to be taxed; liability of 2nd defendant adjusted for 40% contributory negligence (defendant liable for 60%).

Orders

  • Judgment for 1st plaintiff against 2nd defendant for HK$4,367,347.54 with interest and costs to be taxed if not agreed.
  • Judgment for 2nd plaintiff against 2nd defendant for HK$8,005,859.19 with interest and costs to be taxed if not agreed.