KU WAN YING 對 簡福民及另二人

KU WAN YING 對 簡福民及另二人

On the evidence the court accepted the deceased's intent to work and assist her mother and brother; it fixed realistic monthly contribution amounts (HK$1,500 for initial months, HK$2,000 after minimum wage implementation, and a continuing assessed contribution of HK$2,400 for the first post‑judgment year and HK$2,000 thereafter), applied a 25‑year multiplier (discount rate 2.5%) for the mother’s future dependency, awarded limited dependency for the brother (one year), accepted statistical evidence to fix post‑trial earnings at HK$8,000, awarded loss of accumulation despite no prior savings, and applied statutory bereavement and funeral awards and interest to reach the final total.

Citation
KU WAN YING 對 簡福民及另二人
Parties
First Plaintiff (deceased): CHENG KA MAN (deceased); Second Plaintiff / Administratrix of the Estate and Dependant: KU WAN YING; Third Plaintiff / Dependant: CHENG KA PO; Fourth Plaintiff / Dependant: CHENG HON KAU; First Defendant: KAN FOOK MAN (簡福民); Second Defendant: KAN FUK CHEUNG (簡福祥); Third Defendant: 簡肇蔚
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 August 2013
Case Number
HCPI209/2012
Procedural Posture
Fatal Accident / Tort Claim / Damages Assessment Hearing
Outcome
Plaintiff's claims for damages allowed in assessed amounts; claim for dependency by deceased upon her father dismissed.
Legal Topics
Dependants' Loss, Bereavement Award, Loss of Earnings, Loss of Accumulation of Wealth, Funeral Expenses, Interest, Discount Multipliers, Minimum Wage Effect
Source Language
CH
Tort Fatal Accidents Damages Law Family Dependency Claims Dependants' Loss Bereavement Award Loss of Earnings Loss of Accumulation of Wealth +4 more

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Parties

CHENG KA MAN (deceased)

First Plaintiff (deceased)

KU WAN YING

Second Plaintiff / Administratrix of the Estate and Dependant

CHENG KA PO

Third Plaintiff / Dependant

CHENG HON KAU

Fourth Plaintiff / Dependant

KAN FOOK MAN (簡福民)

First Defendant

KAN FUK CHEUNG (簡福祥)

Second Defendant

簡肇蔚

Third Defendant

Procedural Posture

Fatal Accident / Tort Claim / Damages Assessment Hearing

Legal Issues

  1. 1 whether and to what extent deceased would have provided financial support to dependants
  2. 2 appropriate assessment period and multiplier for future dependency
  3. 3 whether father was a potential recipient of dependency

Ratio Decidendi

On the evidence the court accepted the deceased's intent to work and assist her mother and brother; it fixed realistic monthly contribution amounts (HK$1,500 for initial months, HK$2,000 after minimum wage implementation, and a continuing assessed contribution of HK$2,400 for the first post‑judgment year and HK$2,000 thereafter), applied a 25‑year multiplier (discount rate 2.5%) for the mother’s future dependency, awarded limited dependency for the brother (one year), accepted statistical evidence to fix post‑trial earnings at HK$8,000, awarded loss of accumulation despite no prior savings, and applied statutory bereavement and funeral awards and interest to reach the final total.

Court Disposition

Plaintiff's claims for damages allowed in assessed amounts; claim for dependency by deceased upon her father dismissed.

Orders

  • Judgment for plaintiffs in the total sum of HK$1,119,158.27
  • Bereavement award HK$150,000