LAU SIU AND OTHERS v. CHEUNG CHI FAI AND ANOTHER

LAU SIU AND OTHERS v. CHEUNG CHI FAI AND ANOTHER

Where defendant's negligence caused death and no defence was entered, damages are to be assessed by quantifying loss of expectation, pre-trial and future earnings and other heads (gratuity, funeral expenses), applying accepted apportionment to determine the deceased's free balance, using life tables with an appropriate deduction for contingencies, awarding a separate FAO sum to the mother, and giving credit for employee's compensation; interest and costs follow accordingly.

Citation
LAU SIU AND OTHERS v. CHEUNG CHI FAI AND ANOTHER
Parties
Plaintiff (widow and Sole Administratrix of the Estate of LEUNG Chau, Deceased): LAU SIU; 1st Defendant: CHEUNG CHI FAI; 2nd Defendant: CHEUNG CHI MING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 April 1986
Case Number
HCA10980/1982
Procedural Posture
Fatal Motor Vehicle Negligence Assessment of Damages Under LARCO and FAO / Assessment Hearing Following Interlocutory Judgment Against 1st Defendant
Outcome
Judgment for plaintiff for assessment of damages in respect of deceased's death caused by 1st defendant's negligence; interlocutory judgment earlier entered against 1st defendant upheld for quantum assessment
Legal Topics
Damages Assessment, Loss of Earnings, Dependency Awards, Funeral Expenses, Pension and Gratuity, Interest on Damages, Legal Aid Costs
Source Language
EN
Tort Personal Injury Fatal Accidents Ordinance Motor Vehicle Negligence Civil Procedure Damages Assessment Loss of Earnings Dependency Awards +4 more

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Parties

LAU SIU

Plaintiff (widow and Sole Administratrix of the Estate of LEUNG Chau, Deceased)

CHEUNG CHI FAI

1st Defendant

CHEUNG CHI MING

2nd Defendant

Procedural Posture

Fatal Motor Vehicle Negligence Assessment of Damages Under LARCO and FAO / Assessment Hearing Following Interlocutory Judgment Against 1st Defendant

Legal Issues

  1. 1 Quantum of damages for death caused by defendant's negligence
  2. 2 Calculation of pre-trial and future loss of earnings and pension
  3. 3 Apportionment of household contributions and determination of free balance

Ratio Decidendi

Where defendant's negligence caused death and no defence was entered, damages are to be assessed by quantifying loss of expectation, pre-trial and future earnings and other heads (gratuity, funeral expenses), applying accepted apportionment to determine the deceased's free balance, using life tables with an appropriate deduction for contingencies, awarding a separate FAO sum to the mother, and giving credit for employee's compensation; interest and costs follow accordingly.

Court Disposition

Judgment for plaintiff for assessment of damages in respect of deceased's death caused by 1st defendant's negligence; interlocutory judgment earlier entered against 1st defendant upheld for quantum assessment

Orders

  • Damages awarded totalling HKD 401,898.73 composed of: loss of expectation HKD 20,000.00; pre-trial loss of earnings and related pension/gratuity HKD 214,830.94; funeral expenses HKD 24,300.00; future loss of earnings HKD 142,767.79.
  • Credit to be allowed for employees' compensation in the sum of HKD 111,182.80, leaving a net judgment sum of HKD 290,715.93 payable to the plaintiff.