TSANG SUNG LUI AS DEPENDANT FOR HERSELF AND ON BEHALF OF OTHER DEPENDANTS OF RUAN WEN FANG DECEASED v. KONG KIN CHUNG

TSANG SUNG LUI AS DEPENDANT FOR HERSELF AND ON BEHALF OF OTHER DEPENDANTS OF RUAN WEN FANG DECEASED v. KONG KIN CHUNG

Master Leong found on the evidence that the deceased relied on the defendant's treatment advice and died as a result; adopted the plaintiff's facts on household expenses and contribution percentages, adjusted proposed multipliers to 13.51 for child dependency (overall), 12.70 for the plaintiff's dependency period, and 19.80 for the husband where appropriate, and awarded specified AUD and HKD sums for pre‑trial and post‑trial dependency, statutory bereavement, funeral and other expenses, interest and an order nisi for costs to be taxed if not agreed.

Citation
TSANG SUNG LUI AS DEPENDANT FOR HERSELF AND ON BEHALF OF OTHER DEPENDANTS OF RUAN WEN FANG DECEASED v. KONG KIN CHUNG
Parties
Plaintiff (dependant for Herself and on Behalf of Other Dependants of RUAN WEN Fang, Deceased): TSANG SUNG LUI; Defendant: KONG KIN CHUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 August 2014
Case Number
HCPI636/2010
Procedural Posture
Personal Injury Claim Under the Fatal Accidents Ordinance / Assessment of Damages After Interlocutory Judgment; Hearing Before Master Leong
Outcome
Judgment for the plaintiff; damages quantified and awarded; order nisi for costs in favour of the plaintiff
Legal Topics
Loss of Dependency, Bereavement Award, Funeral and Medical Expenses, Multipliers and Discount Rates, Interest on Damages, Costs
Source Language
EN
Personal Injury Medical Negligence Fatal Accidents Ordinance Civil Procedure Assessment of Damages Loss of Dependency Bereavement Award Funeral and Medical Expenses Multipliers and Discount Rates +2 more

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Parties

TSANG SUNG LUI

Plaintiff (dependant for Herself and on Behalf of Other Dependants of RUAN WEN Fang, Deceased)

KONG KIN CHUNG

Defendant

Procedural Posture

Personal Injury Claim Under the Fatal Accidents Ordinance / Assessment of Damages After Interlocutory Judgment; Hearing Before Master Leong

Legal Issues

  1. 1 Whether the defendant's advice to stop insulin caused the deceased's death and gives rise to liability under the Fatal Accidents Ordinance
  2. 2 Quantum of dependency losses for the child, spouse and parent and appropriate multiplicands and multipliers
  3. 3 Appropriate statutory bereavement award and recoverable funeral and medical expenses

Ratio Decidendi

Master Leong found on the evidence that the deceased relied on the defendant's treatment advice and died as a result; adopted the plaintiff's facts on household expenses and contribution percentages, adjusted proposed multipliers to 13.51 for child dependency (overall), 12.70 for the plaintiff's dependency period, and 19.80 for the husband where appropriate, and awarded specified AUD and HKD sums for pre‑trial and post‑trial dependency, statutory bereavement, funeral and other expenses, interest and an order nisi for costs to be taxed if not agreed.

Court Disposition

Judgment for the plaintiff; damages quantified and awarded; order nisi for costs in favour of the plaintiff

Orders

  • Awarded pre-trial loss of dependency AUD 70,620.00 and post-trial loss of dependency AUD 49,194.40
  • Awarded statutory bereavement HKD 150,000