TAM LI KAM WAH AGNES v. WONG PUI HANG WILLIAM AND ANOTHER

TAM LI KAM WAH AGNES v. WONG PUI HANG WILLIAM AND ANOTHER

The court found on the evidence that the parents were dependants, that the deceased would have been promoted to FO by 2016, SFO by end 2019 and Captain by mid‑2023, accepted the pleaded regular monthly contribution of HK$12,500 (net parental support HK$7,526 per month) and applied multipliers and life tables to calculate past and future dependency, calculated loss of accumulation of wealth by projecting post‑death earnings, applying an assumed accumulation rate based on historical saving pattern and applying a 2.5% real discount for accelerated receipt to reach a net award; total damages after 15% contributory negligence were assessed at HK$9,123,705 and ordered payable with interest and...

Citation
[2024] HKCFI 3580
Parties
Plaintiff (administratrix of the Estate of Tam Michael Arthur Shiu Cheung and in Her Personal Capacity): TAM LI KAM WAH AGNES; 1st Defendant (estate/administrator of Driver Wong): Estate of Wong (1st Defendant); 2nd Defendant (joined Motor Insurer Defending as If D1): Motor insurer (2nd Defendant)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2024
Case Number
HCPI117/2017
Procedural Posture
Personal Injuries Action (fatal Accident) / Assessment of Damages — Judgment After Trial on Quantum
Outcome
Judgment for plaintiff assessing damages in favour of the administratrix of the estate of the deceased; damages assessed and awarded subject to contributory negligence deduction and interest; nisi costs order made
Legal Topics
Dependency, Loss of Accumulation of Wealth, Bereavement Damages, Contributory Negligence, Loss of Chance, Pleading Amendments and Case Management, Interest on Damages, Pension and Provident Fund Benefits, Life Expectancy and Multipliers, Discount for Accelerated Receipt
Source Language
EN
Torts Personal Injury Fatal Accidents Ordinance Claims Survival Actions / Estate Claims Insurance Law Damages Assessment Dependency Loss of Accumulation of Wealth +8 more

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Parties

TAM LI KAM WAH AGNES

Plaintiff (administratrix of the Estate of Tam Michael Arthur Shiu Cheung and in Her Personal Capacity)

Estate of Wong (1st Defendant)

1st Defendant (estate/administrator of Driver Wong)

Motor insurer (2nd Defendant)

2nd Defendant (joined Motor Insurer Defending as If D1)

Procedural Posture

Personal Injuries Action (fatal Accident) / Assessment of Damages — Judgment After Trial on Quantum

Legal Issues

  1. 1 Whether the deceased's parents were dependants for FAO purposes
  2. 2 Quantum of past and future dependency
  3. 3 Whether deceased would have been promoted (prospects and timing) and the effect on income

Ratio Decidendi

The court found on the evidence that the parents were dependants, that the deceased would have been promoted to FO by 2016, SFO by end 2019 and Captain by mid‑2023, accepted the pleaded regular monthly contribution of HK$12,500 (net parental support HK$7,526 per month) and applied multipliers and life tables to calculate past and future dependency, calculated loss of accumulation of wealth by projecting post‑death earnings, applying an assumed accumulation rate based on historical saving pattern and applying a 2.5% real discount for accelerated receipt to reach a net award; total damages after 15% contributory negligence were assessed at HK$9,123,705 and ordered payable with interest and...

Court Disposition

Judgment for plaintiff assessing damages in favour of the administratrix of the estate of the deceased; damages assessed and awarded subject to contributory negligence deduction and interest; nisi costs order made

Orders

  • Damages assessed at HK$9,123,705 payable to the plaintiff (administratrix) after applying 15% contributory negligence
  • Interest at judgment rate from date of judgment until payment on the assessed sum