LIU BING AND OTHERS v. YEUNG KWOK KEUNG AND ANOTHER

LIU BING AND OTHERS v. YEUNG KWOK KEUNG AND ANOTHER

The 4th Plaintiff's claim for reimbursement of care and attention expenses fails because the expenses were not necessitated by the infant's own injuries and therefore do not constitute a recoverable personal loss outside the scope of dependency claims; consequently the claim as pleaded by the infant must be dismissed.

Citation
LIU BING AND OTHERS v. YEUNG KWOK KEUNG AND ANOTHER
Parties
1st Plaintiff: LIU BING and LIU CHI CHUNG (administrators of the estate of LAU BO CHUN, the 1st deceased); 2nd Plaintiff: LIU BING (administrator of the estate of LIU MAN CHING, the 2nd deceased); 3rd Plaintiff: LIU BING; 4th Plaintiff: LIU MAN KUEN (an infant) by her father and next friend, LIU BING; 1st Defendant: YEUNG KWOK KEUNG; 2nd Defendant: CRUSHER STONE CO., LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 June 1988
Case Number
HCA7219/1985
Procedural Posture
Negligence Assessment of Damages (fatal Road Traffic Accident) / Assessment of Damages (hearing and Ruling by Master Jones)
Outcome
4th Plaintiff's claim for reimbursement of care and attention expenses dismissed.
Legal Topics
Dependency Claims, Care and Attention Costs, Replacement of Services, Loss of Services, Pleading of Claims
Source Language
EN
Tort Negligence Fatal Accidents Act Damages Dependency Claims Care and Attention Costs Replacement of Services Loss of Services +1 more

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Parties

LIU BING and LIU CHI CHUNG (administrators of the estate of LAU BO CHUN, the 1st deceased)

1st Plaintiff

LIU BING (administrator of the estate of LIU MAN CHING, the 2nd deceased)

2nd Plaintiff

LIU BING

3rd Plaintiff

LIU MAN KUEN (an infant) by her father and next friend, LIU BING

4th Plaintiff

YEUNG KWOK KEUNG

1st Defendant

CRUSHER STONE CO., LTD.

2nd Defendant

Procedural Posture

Negligence Assessment of Damages (fatal Road Traffic Accident) / Assessment of Damages (hearing and Ruling by Master Jones)

Legal Issues

  1. 1 Whether the infant 4th Plaintiff can recover reimbursement for care and attention expenses following the death of her mother
  2. 2 Whether such expenses are recoverable as the 4th Plaintiff's own loss or only as a dependency claim
  3. 3 Whether the claim is properly pleaded by the infant rather than by a dependent (the father)

Ratio Decidendi

The 4th Plaintiff's claim for reimbursement of care and attention expenses fails because the expenses were not necessitated by the infant's own injuries and therefore do not constitute a recoverable personal loss outside the scope of dependency claims; consequently the claim as pleaded by the infant must be dismissed.

Court Disposition

4th Plaintiff's claim for reimbursement of care and attention expenses dismissed.

Orders

  • 4th Plaintiff's claim for reimbursement of care and attention expenses dismissed.
  • Parties to be heard on costs.