SO SAM MUI AND ANOTHER v. LAM WING TAI

SO SAM MUI AND ANOTHER v. LAM WING TAI

Court accepted $14 per day as gross contribution, allowed $50 per month for meals, assessed dependency at $370 per month, applied a multiplier of 12, produced a gross fatal accidents award of $53,280 which was discounted by 20% to $42,624, added agreed special damages of $3,150 to reach a total award of $45,774;...

Source-derived case information.

Citation
SO SAM MUI AND ANOTHER v. LAM WING TAI
Parties
Plaintiff (administratrix and Widow): So Sam Mui; Plaintiff (co‑administrator): Tsui Yuet Shun; Defendant: Lam Wing Tai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 June 1975
Case Number
HCA2051/1973
Procedural Posture
Fatal Accidents Assessment of Damages / Assessment of Damages Following Interlocutory Judgment
Outcome
Assessment made in favour of Plaintiffs against Defendant; damages awarded and costs ordered for Plaintiffs with certificate for counsel.
Legal Topics
Dependency Calculation, Multiplier, Discounting of Lump Sum Awards, Interest on Damages, Apportionment Among Dependants, Funeral Expenses
Source Language
en
Torts Fatal Accidents Damages Road Traffic Dependency Calculation Multiplier Discounting of Lump Sum Awards Interest on Damages +2 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 3 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

So Sam Mui

Plaintiff (administratrix and Widow)

Tsui Yuet Shun

Plaintiff (co‑administrator)

Lam Wing Tai

Defendant

Procedural Posture

Fatal Accidents Assessment of Damages / Assessment of Damages Following Interlocutory Judgment

Legal Issues

  1. 1 Proper measure of dependency and daily contribution to dependants
  2. 2 Appropriate multiplier given deceased's age and life expectancy
  3. 3 Whether to scale down dependency for future independence of children

Ratio Decidendi

Court accepted $14 per day as gross contribution, allowed $50 per month for meals, assessed dependency at $370 per month, applied a multiplier of 12, produced a gross fatal accidents award of $53,280 which was discounted by 20% to $42,624, added agreed special damages of $3,150 to reach a total award of $45,774; apportioned the general damages among the widow and five children, ordered minors' shares to be paid into Court and invested, awarded interest on specials and generals from specified dates and costs to Plaintiffs with a certificate for counsel.

Court Disposition

Assessment made in favour of Plaintiffs against Defendant; damages awarded and costs ordered for Plaintiffs with certificate for counsel.

Orders

  • Award total $45,774 to Plaintiffs (special and general damages)
  • General damages apportioned: So Sam Mui $30,124; Tsui Luk $1,500; Tsui Pak Law $2,000; Tsui Yeung Mui $2,500; Tsui Yeung Fa $2,500; Tsui Yeung Kei $4,000