LIU LOI KIU AND ANOTHER v. MAK WAI TONG AND OTHERS

LIU LOI KIU AND ANOTHER v. MAK WAI TONG AND OTHERS

Court accepted plaintiffs' dependency calculation of $1,300 per month, applied a multiplier of 14 to annual dependency to arrive at general damages of $218,400, merged an $8,000 statutory lump sum under the Law Amendment and Reform (Consolidation) Ordinance with the Fatal Accidents award, apportioned the general damages among widow and children as specified, awarded special damages of $1,950 with interest, and ordered interest on general damages for the specified period and costs to the plaintiffs.

Citation
LIU LOI KIU AND ANOTHER v. MAK WAI TONG AND OTHERS
Parties
1st Plaintiff: LIU LOI KIU (Widow); 2nd Plaintiff: LIU CHI WAH (Administrators of the Estate of Chan Choi, Deceased); 1st Defendant: MAK WAI TONG; 2nd Defendant: KWONG YUN CHUNG; 3rd Defendant: KOWLOON MOTOR BUS CO. LTD.; 4th Defendant: LEE OI LOI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 November 1976
Case Number
HCMP1905/1975
Procedural Posture
Fatal Accidents Claim (assessment of Damages) / Assessment of Damages Following Interlocutory Judgment
Outcome
Assessment allowed; damages and costs awarded to plaintiffs and apportioned as ordered.
Legal Topics
Dependency Calculation, Multiplier for Future Pecuniary Loss, Special Damages, Interest on Damages, Apportionment
Source Language
EN
Tort Road Traffic Fatal Accidents Damages Assessment Dependency Calculation Multiplier for Future Pecuniary Loss Special Damages Interest on Damages +1 more

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Parties

LIU LOI KIU (Widow)

1st Plaintiff

LIU CHI WAH (Administrators of the Estate of Chan Choi, Deceased)

2nd Plaintiff

MAK WAI TONG

1st Defendant

KWONG YUN CHUNG

2nd Defendant

KOWLOON MOTOR BUS CO. LTD.

3rd Defendant

LEE OI LOI

4th Defendant

Procedural Posture

Fatal Accidents Claim (assessment of Damages) / Assessment of Damages Following Interlocutory Judgment

Legal Issues

  1. 1 What is the proper measure of dependency and monthly dependency amount to be used?
  2. 2 What multiplier is appropriate for future pecuniary loss given the deceased's age, occupation and family circumstances?
  3. 3 How should general damages be apportioned between widow and children?

Ratio Decidendi

Court accepted plaintiffs' dependency calculation of $1,300 per month, applied a multiplier of 14 to annual dependency to arrive at general damages of $218,400, merged an $8,000 statutory lump sum under the Law Amendment and Reform (Consolidation) Ordinance with the Fatal Accidents award, apportioned the general damages among widow and children as specified, awarded special damages of $1,950 with interest, and ordered interest on general damages for the specified period and costs to the plaintiffs.

Court Disposition

Assessment allowed; damages and costs awarded to plaintiffs and apportioned as ordered.

Orders

  • Damages under the Law Amendment and Reform (Consolidation) Ordinance in the sum of $8,000 assessed and merged with damages under the Fatal Accidents Ordinance.
  • General damages assessed at $218,400 (calculated as $1,300 x 12 x 14).