PANG TAI SAN v. WAN TAK SHING t/a KEN KIN SCOFFLODING CO

PANG TAI SAN v. WAN TAK SHING t/a KEN KIN SCOFFLODING CO

Court accepted unchallenged evidence of plaintiff, adopted HK$4,000 monthly dependency, awarded pre-trial HK$184,000 and post-trial HK$584,000 using a 16-year multiplier; adopted HK$800 daily and 22 working days to calculate monthly earnings, deducted personal expenditure and dependency to find monthly residue HK$7,600 and applied 17-year multiplier for loss of accumulation HK$1,200,800; bereavement HK$150,000 and funeral HK$33,318 awarded; interest and costs ordered as specified.

Citation
PANG TAI SAN v. WAN TAK SHING t/a KEN KIN SCOFFLODING CO
Parties
Plaintiff and Personal Representative of the Estate: Pan Tai-san; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 May 2009
Case Number
HCPI483/2008
Procedural Posture
Fatal Accident Claim; Assessment of Damages / Assessment Hearing Following Interlocutory Judgment; Judgment Delivered
Outcome
Judgment for Plaintiff; damages assessed and awarded
Legal Topics
Loss of Dependency, Bereavement, Loss of Accumulation of Wealth, Funeral Expenses, Interest, Costs
Source Language
EN
Tort Fatal Accidents Damages Assessment Employment Compensation Probate/personal Representative Loss of Dependency Bereavement Loss of Accumulation of Wealth +3 more

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Parties

Pan Tai-san

Plaintiff and Personal Representative of the Estate

Defendant

Defendant

Procedural Posture

Fatal Accident Claim; Assessment of Damages / Assessment Hearing Following Interlocutory Judgment; Judgment Delivered

Legal Issues

  1. 1 Whether plaintiff entitled to pre-trial and post-trial loss of dependency under FAO
  2. 2 Quantum of dependency and appropriate multiplier
  3. 3 Entitlement to bereavement award under FAO

Ratio Decidendi

Court accepted unchallenged evidence of plaintiff, adopted HK$4,000 monthly dependency, awarded pre-trial HK$184,000 and post-trial HK$584,000 using a 16-year multiplier; adopted HK$800 daily and 22 working days to calculate monthly earnings, deducted personal expenditure and dependency to find monthly residue HK$7,600 and applied 17-year multiplier for loss of accumulation HK$1,200,800; bereavement HK$150,000 and funeral HK$33,318 awarded; interest and costs ordered as specified.

Court Disposition

Judgment for Plaintiff; damages assessed and awarded

Orders

  • Pre-trial loss of dependency awarded HK$184,000
  • Post-trial loss of dependency awarded HK$584,000