WONG SHUK SUEN v. CHAN WAI MING t/a WAI MING TRANSPORTATION

WONG SHUK SUEN v. CHAN WAI MING t/a WAI MING TRANSPORTATION

On the facts the father was found to be only 50% dependent on the deceased; the daughter and son-in-law failed to prove dependency. The court established a monthly maintenance base of $510 after excluding housing and certain gifts, applied a 54‑month period as the appropriate (albeit arbitrary) multiplier in the absence of actuarial evidence, and awarded $27,540 plus interest and costs accordingly.

Citation
WONG SHUK SUEN v. CHAN WAI MING t/a WAI MING TRANSPORTATION
Parties
Applicant (father of Deceased): Wong Shuk Suen; Respondent (employer): Chan Wai Ming trading as Wai Ming Transportation
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 August 1987
Case Number
DCEC116/1987
Procedural Posture
Employees' Compensation / Assessment of Compensation (liability Admitted)
Outcome
Partially granted. Applicant awarded compensation for 50% dependency of the father; claims by the daughter and her husband dismissed for failure to prove dependency.
Legal Topics
Dependency, Partial Dependency, Assessment of Damages, Hearsay Evidence From Abroad, Interest and Costs, Application of Statutory Multiplier
Source Language
EN
Employees' Compensation Tort/damages Evidence Law Civil Procedure Dependency Partial Dependency Assessment of Damages Hearsay Evidence From Abroad +2 more

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Parties

Wong Shuk Suen

Applicant (father of Deceased)

Chan Wai Ming trading as Wai Ming Transportation

Respondent (employer)

Procedural Posture

Employees' Compensation / Assessment of Compensation (liability Admitted)

Legal Issues

  1. 1 Whether the father was wholly or partially dependent on the deceased
  2. 2 Whether the deceased's sister and her husband established any dependency
  3. 3 What methodology and period (multiplier) should be applied in assessing compensation for partial dependency with sparse evidence

Ratio Decidendi

On the facts the father was found to be only 50% dependent on the deceased; the daughter and son-in-law failed to prove dependency. The court established a monthly maintenance base of $510 after excluding housing and certain gifts, applied a 54‑month period as the appropriate (albeit arbitrary) multiplier in the absence of actuarial evidence, and awarded $27,540 plus interest and costs accordingly.

Court Disposition

Partially granted. Applicant awarded compensation for 50% dependency of the father; claims by the daughter and her husband dismissed for failure to prove dependency.

Orders

  • Compensation awarded to Applicant in the sum of HK$27,540
  • Interest to Applicant at 6% per annum from date of service of the application