LI KA WAI AND ANOTHER v. HOSPITAL AUTHORITY

LI KA WAI AND ANOTHER v. HOSPITAL AUTHORITY

Sufficient evidence of a substantial change in the economic landscape since the 1996 Court of Appeal decision justified granting leave to adduce actuarial and economic evidence and ordering a trial of the preliminary issue on whether the 4.5% net rate of return assumption remains valid in Hong Kong; experts may give...

Source-derived case information.

Citation
LI KA WAI AND ANOTHER v. HOSPITAL AUTHORITY
Parties
Plaintiff (hcpi 235/2011): Chan Pak Ting; 1st Defendant (hcpi 235/2011): Chan Chi Kuen; 2nd Defendant (hcpi 235/2011): Chan Yiu Fai Joe; Plaintiff (hcpi 671/2007) (minor by Mother and Next Friend So Yuet Wa): Li Ka Wai; Next Friend and Mother of Plaintiff (hcpi 671/2007): So Yuet Wa; Defendant (hcpi 671/2007): Hospital Authority; Plaintiff (hcpi 228/2010) (minor by Grandmother and Next Friend Yip Hei Siu): Yuen Hiu Tung; Next Friend and Grandmother of Plaintiff (hcpi 228/2010): Yip Hei Siu; Defendant (hcpi 228/2010): Hospital Authority
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 October 2012
Case Number
HCPI671/2007
Procedural Posture
Personal Injuries Actions (multiple HCPI Matters) / Application for Leave to Adduce Actuarial and Economic Expert Evidence; Directions Given; Preliminary Issue Ordered for Trial
Outcome
Leave granted to plaintiffs to adduce actuarial and economic evidence; preliminary issue ordered for trial to determine whether the 4.5% assumption remains valid and, if not, to fix the appropriate net rate of return; Chan Tables admitted; detailed directions given to experts; costs reserved.
Legal Topics
Discount Rate for Future Losses, Multiplier Calculation, Admissibility and Scope of Expert Economic Evidence, Actuarial Tables (chan Tables), Periodical Payments Vs Lump Sum, Stare Decisis and Departure From Precedent
Source Language
en
Tort Personal Injury Evidence Actuarial Science Economic Analysis Civil Procedure Discount Rate for Future Losses Multiplier Calculation +4 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Chan Pak Ting

Plaintiff (hcpi 235/2011)

Chan Chi Kuen

1st Defendant (hcpi 235/2011)

Chan Yiu Fai Joe

2nd Defendant (hcpi 235/2011)

Li Ka Wai

Plaintiff (hcpi 671/2007) (minor by Mother and Next Friend So Yuet Wa)

So Yuet Wa

Next Friend and Mother of Plaintiff (hcpi 671/2007)

Hospital Authority

Defendant (hcpi 671/2007)

Yuen Hiu Tung

Plaintiff (hcpi 228/2010) (minor by Grandmother and Next Friend Yip Hei Siu)

Yip Hei Siu

Next Friend and Grandmother of Plaintiff (hcpi 228/2010)

Hospital Authority

Defendant (hcpi 228/2010)

Procedural Posture

Personal Injuries Actions (multiple HCPI Matters) / Application for Leave to Adduce Actuarial and Economic Expert Evidence; Directions Given; Preliminary Issue Ordered for Trial

Legal Issues

  1. 1 Whether the Cookson v Knowles assumption of a 4.5% net rate of return remains valid in Hong Kong given economic developments since 1995
  2. 2 Whether actuarial and economic evidence is admissible to test and, if appropriate, displace that assumption
  3. 3 What net rate of return should be used to calculate multipliers for future non-earnings and earnings-related losses

Ratio Decidendi

Sufficient evidence of a substantial change in the economic landscape since the 1996 Court of Appeal decision justified granting leave to adduce actuarial and economic evidence and ordering a trial of the preliminary issue on whether the 4.5% net rate of return assumption remains valid in Hong Kong; experts may give opinion on historical data and current conditions but not definitive forecasts of future economic developments; actuarial Chan Tables are admissible and should be the starting point for multipliers subject to judicial adjustment for vicissitudes of life.

Court Disposition

Leave granted to plaintiffs to adduce actuarial and economic evidence; preliminary issue ordered for trial to determine whether the 4.5% assumption remains valid and, if not, to fix the appropriate net rate of return; Chan Tables admitted; detailed directions given to experts; costs reserved.

Orders

  • Preliminary issue for trial: whether the Cookson v Knowles assumption of a 4.5% net rate of return remains valid in Hong Kong and if not what net rate should be used
  • Leave granted to serve and adduce Professor Chan Wai Sum's expert report and defendants' nominated expert report (nominated expert to be identified within 7 days)