LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS

Damages were quantified on evidence: past loss of dependency for 48 months assessed on deceased's median income and dependency rate (75%), apportioned 80% to husband and 20% to son; statutory bereavement award of $70,000 plus interest awarded; Larco and funeral expenses awarded as conceded; total damages including interest assessed at $800,000 and costs ordered nisi against defendants.

Citation
LILY TSE LAI YIN AND OTHERS v. THE INCORPORATED OWNERS OF ALBERT HOUSE AND OTHERS
Parties
1st Plaintiff: LILY TSE LAI YIN; 2nd Plaintiff: TSUI HO; 3rd Plaintiff: NG PAK MUI; 4th Plaintiff: TSUI WAI NGA by her father and next friend TSUI SIU ON; 5th Plaintiff: CHAN MIN WAH; 6th Plaintiff: LEUNG PUI YING by her father and next friend LEUNG TAI FUK; 7th Plaintiff: TSUI SAI NUI the Administrator of the Estate of MO YEE, deceased; 8th Plaintiff: HO SHIU TAK by his father and next friend HO TUNG SHING; 9th Plaintiff: LEUNG PUI YUK by her father and next friend LEUNG TAI FUK; 1st Defendant: THE INCORPORATED OWNERS OF ALBERT HOUSE (also known as THE OWNER INCORPORATION OF ALBERT HOUSE); 2nd Defendant: HOUSING MANAGEMENT AGENCY LIMITED; 3rd Defendant: HO WING HANG; 4th Defendant: NEW BEST RESTAURANT LIMITED; 5th Defendant: ABERDEEN WINNER INVESTMENT COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2001
Case Number
HCPI828/1997
Procedural Posture
Personal Injuries (fatal Accident) / Assessment of Damages (liability Previously Determined)
Outcome
Assessment of damages for 7th plaintiff in total of $800,000 awarded; costs order nisi in favour of 7th plaintiff; 7th plaintiff's own costs to be taxed under Legal Aid Regulations.
Legal Topics
Assessment of Damages, Dependency, Bereavement, Funeral Expenses, Loss of Accumulation of Wealth, Interest, Costs
Source Language
EN
Torts Personal Injury Fatal Accidents Assessment of Damages Dependency Bereavement Funeral Expenses Loss of Accumulation of Wealth +2 more

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Parties

LILY TSE LAI YIN

1st Plaintiff

TSUI HO

2nd Plaintiff

NG PAK MUI

3rd Plaintiff

TSUI WAI NGA by her father and next friend TSUI SIU ON

4th Plaintiff

CHAN MIN WAH

5th Plaintiff

LEUNG PUI YING by her father and next friend LEUNG TAI FUK

6th Plaintiff

TSUI SAI NUI the Administrator of the Estate of MO YEE, deceased

7th Plaintiff

HO SHIU TAK by his father and next friend HO TUNG SHING

8th Plaintiff

LEUNG PUI YUK by her father and next friend LEUNG TAI FUK

9th Plaintiff

THE INCORPORATED OWNERS OF ALBERT HOUSE (also known as THE OWNER INCORPORATION OF ALBERT HOUSE)

1st Defendant

HOUSING MANAGEMENT AGENCY LIMITED

2nd Defendant

HO WING HANG

3rd Defendant

NEW BEST RESTAURANT LIMITED

4th Defendant

ABERDEEN WINNER INVESTMENT COMPANY LIMITED

5th Defendant

Procedural Posture

Personal Injuries (fatal Accident) / Assessment of Damages (liability Previously Determined)

Legal Issues

  1. 1 Quantum of past loss of dependency
  2. 2 Apportionment of dependency between dependents
  3. 3 Duration of dependency claim

Ratio Decidendi

Damages were quantified on evidence: past loss of dependency for 48 months assessed on deceased's median income and dependency rate (75%), apportioned 80% to husband and 20% to son; statutory bereavement award of $70,000 plus interest awarded; Larco and funeral expenses awarded as conceded; total damages including interest assessed at $800,000 and costs ordered nisi against defendants.

Court Disposition

Assessment of damages for 7th plaintiff in total of $800,000 awarded; costs order nisi in favour of 7th plaintiff; 7th plaintiff's own costs to be taxed under Legal Aid Regulations.

Orders

  • Total damages awarded to 7th plaintiff: $800,000 HKD
  • Award to Mr Tsui Kwan (husband): $450,827 HKD (comprising loss of dependency including interest $359,565 and bereavement including interest $91,262)