WONG SAU WAH AND OTHERS v. LEUNG KAM CHEUK AND ANOTHER

WONG SAU WAH AND OTHERS v. LEUNG KAM CHEUK AND ANOTHER

Given inadequate and vague evidence the court made an evidential estimate: deceased's income assessed at $3,000/month ($2,000 salary + $1,000 jade), deducted $500/month for personal living expenses, applied a multiplier of 7 to the net annual loss to award $210,000 for lost years, awarded conventional $15,000 for loss of expectation of life, allowed $5,640 for funeral expenses (part of agreed receipts) and disallowed unsupported ceremony costs; total damages reduced by 25% for contributory negligence to $174,390; FAO claim extinguished by LARCO award; interest ordered on specified components.

Citation
WONG SAU WAH AND OTHERS v. LEUNG KAM CHEUK AND ANOTHER
Parties
Administratrix of the Estate of CHUI YAU Hang; Plaintiff: WONG SAU WAH; Co Administrator of the Estate of CHUI YAU Hang; Plaintiff: CHUI HING CHUEN; 1st Defendant: LEUNG KAM CHEUK; 2nd Defendant (owner of Motorcycle): YUNG KAM CHI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 March 1982
Case Number
HCA2174/1981
Procedural Posture
Wrongful Death / Damages Assessment Under LARCO and Fatal Accidents Ordinance / Assessment of Quantum After Defendants Accepted Liability Subject to 25% Contributory Negligence
Outcome
Judgment for plaintiffs for $174,390 and costs; damages reduced by 25% for contributory negligence; award under LARCO extinguishes FAO claim.
Legal Topics
Contributory Negligence, Lost Years, Expectation of Life, Funeral Expenses, Interest on Damages
Source Language
EN
Tort Wrongful Death Road Traffic Accidents Damages Assessment Probate/estate Claims Contributory Negligence Lost Years Expectation of Life +2 more

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Parties

WONG SAU WAH

Administratrix of the Estate of CHUI YAU Hang; Plaintiff

CHUI HING CHUEN

Co Administrator of the Estate of CHUI YAU Hang; Plaintiff

LEUNG KAM CHEUK

1st Defendant

YUNG KAM CHI

2nd Defendant (owner of Motorcycle)

Procedural Posture

Wrongful Death / Damages Assessment Under LARCO and Fatal Accidents Ordinance / Assessment of Quantum After Defendants Accepted Liability Subject to 25% Contributory Negligence

Legal Issues

  1. 1 Appropriate quantum of damages payable to estate/dependants under LARCO and FAO
  2. 2 Assessment of deceased's income and dependency where evidence is vague
  3. 3 Application of multiplier for lost years and deduction for living expenses

Ratio Decidendi

Given inadequate and vague evidence the court made an evidential estimate: deceased's income assessed at $3,000/month ($2,000 salary + $1,000 jade), deducted $500/month for personal living expenses, applied a multiplier of 7 to the net annual loss to award $210,000 for lost years, awarded conventional $15,000 for loss of expectation of life, allowed $5,640 for funeral expenses (part of agreed receipts) and disallowed unsupported ceremony costs; total damages reduced by 25% for contributory negligence to $174,390; FAO claim extinguished by LARCO award; interest ordered on specified components.

Court Disposition

Judgment for plaintiffs for $174,390 and costs; damages reduced by 25% for contributory negligence; award under LARCO extinguishes FAO claim.

Orders

  • Judgment for plaintiffs for $174,390 plus costs
  • Plaintiffs' costs to be taxed in accordance with the Legal Aid (Scale of Fees) Regulations