WONG PO YING AND OTHERS v. LI SZE KWAI AND ANOTHER

WONG PO YING AND OTHERS v. LI SZE KWAI AND ANOTHER

The Master accepted comparative evidence of contemporaneous employees to fix the deceased's assessed present salary at $11,405.00, used the date‑of‑death actual monthly figure $6,064.05 and the median $8,734.50 to calculate pre‑assessment loss applying the agreed 64% free balance for 24.3 months (result $135,839.00). For future loss the Master increased the free balance to 70% (from agreed 64%) because of the serious disability of the elder child and family circumstances, applied the agreed multiplier (12.5) and calculated future loss at $1,003,525.90. The aggregate LARCO award of $1,179,364.90 was reduced by the employees' compensation award ($299,000.00) to $880,364.90; the Master...

Citation
WONG PO YING AND OTHERS v. LI SZE KWAI AND ANOTHER
Parties
Plaintiff (administratrix of the Estate of LI SHUI Yung, Deceased): WONG PO YING; Plaintiff (administratrix of the Estate of LI SHUI Yung, Deceased): LEE HANG MING HELEN; 1st Defendant (master of the Lighter, Operative at Time of Accident): LI SZE KWAI; 2nd Defendant (owner of the Lighter): MEE LEE COMPANY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 September 1988
Case Number
HCA2642/1988
Procedural Posture
Negligence Fatal Accident / Assessment of Damages / Assessment of Damages Following Consent Judgment (damages to Be Assessed by a Master)
Outcome
Damages awarded to Plaintiffs with specified apportionment and deductions; costs to be taxed and paid by Defendants; investment orders for children’s shares and certificates for counsel.
Legal Topics
Calculation of Future Loss of Earnings, Free Balance (dependency) Percentage, Multiplier Application, Comparative Salary Evidence, Apportionment to Dependants, Interest on Damages, Set Off for Employees' Compensation
Source Language
EN
Torts Negligence Fatal Accidents Damages Assessment Employment Law Workers' Compensation Set Off Calculation of Future Loss of Earnings Free Balance (dependency) Percentage +5 more

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Parties

WONG PO YING

Plaintiff (administratrix of the Estate of LI SHUI Yung, Deceased)

LEE HANG MING HELEN

Plaintiff (administratrix of the Estate of LI SHUI Yung, Deceased)

LI SZE KWAI

1st Defendant (master of the Lighter, Operative at Time of Accident)

MEE LEE COMPANY

2nd Defendant (owner of the Lighter)

Procedural Posture

Negligence Fatal Accident / Assessment of Damages / Assessment of Damages Following Consent Judgment (damages to Be Assessed by a Master)

Legal Issues

  1. 1 What salary to adopt for assessing future loss of earnings
  2. 2 What free balance percentage to apply to pre- and post-assessment periods
  3. 3 Whether to uplift the multiplicand to reflect future salary increases

Ratio Decidendi

The Master accepted comparative evidence of contemporaneous employees to fix the deceased's assessed present salary at $11,405.00, used the date‑of‑death actual monthly figure $6,064.05 and the median $8,734.50 to calculate pre‑assessment loss applying the agreed 64% free balance for 24.3 months (result $135,839.00). For future loss the Master increased the free balance to 70% (from agreed 64%) because of the serious disability of the elder child and family circumstances, applied the agreed multiplier (12.5) and calculated future loss at $1,003,525.90. The aggregate LARCO award of $1,179,364.90 was reduced by the employees' compensation award ($299,000.00) to $880,364.90; the Master...

Court Disposition

Damages awarded to Plaintiffs with specified apportionment and deductions; costs to be taxed and paid by Defendants; investment orders for children’s shares and certificates for counsel.

Orders

  • Total damages under LARCO assessed at 1,179,364.90 HKD
  • Special damages - funeral expenses 20,000.00 HKD