WONG NYUK JIN AND ANOTHER v. LAN LUN

WONG NYUK JIN AND ANOTHER v. LAN LUN

Court determined monthly dependency amounts (HKD 600 for widow and children, HKD 100 for mother), applied multipliers (15 for widow and children, 11 for mother), converted those to lump sums (HKD 108,000 and HKD 13,200), allowed special damages (HKD 1,180), awarded interest on those sums for specified periods and ordered apportionment and payment directions.

Citation
WONG NYUK JIN AND ANOTHER v. LAN LUN
Parties
Plaintiff (administrator of Estate): Wong Nyuk Jin; Plaintiff (administrator of Estate): Lee Sung; Defendant: Lan Lun
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 November 1976
Case Number
HCMP1936/1975
Procedural Posture
Assessment of Damages Under Fatal Accidents Ordinance and Law Amendment and Reform (consolidation) Ordinance / Damages Assessment (post Interlocutory Judgment)
Outcome
Damages awarded to plaintiffs under the Fatal Accidents Ordinance and Law Amendment and Reform (Consolidation) Ordinance; plaintiffs awarded costs.
Legal Topics
Dependency, Multiplier Calculation, Apportionment, Special Damages, Interest on Damages
Source Language
EN
Tort Fatal Accidents Damages Family Provision Dependency Multiplier Calculation Apportionment Special Damages +1 more

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Parties

Wong Nyuk Jin

Plaintiff (administrator of Estate)

Lee Sung

Plaintiff (administrator of Estate)

Lan Lun

Defendant

Procedural Posture

Assessment of Damages Under Fatal Accidents Ordinance and Law Amendment and Reform (consolidation) Ordinance / Damages Assessment (post Interlocutory Judgment)

Legal Issues

  1. 1 quantification of dependency under the Fatal Accidents Ordinance
  2. 2 appropriate multiplier to convert annual dependency to lump sum
  3. 3 apportionment of lump sum among widow and children and payment into Court for minors

Ratio Decidendi

Court determined monthly dependency amounts (HKD 600 for widow and children, HKD 100 for mother), applied multipliers (15 for widow and children, 11 for mother), converted those to lump sums (HKD 108,000 and HKD 13,200), allowed special damages (HKD 1,180), awarded interest on those sums for specified periods and ordered apportionment and payment directions.

Court Disposition

Damages awarded to plaintiffs under the Fatal Accidents Ordinance and Law Amendment and Reform (Consolidation) Ordinance; plaintiffs awarded costs.

Orders

  • Damages under the Law Amendment and Reform (Consolidation) Ordinance assessed at HKD 8,000 to merge with Fatal Accidents damages.
  • General damages for widow and children assessed at HKD 108,000 (HKD 600 x 12 x multiplier 15) apportioned: Wong Nyuk Jin HKD 58,000; Lee Yun Po HKD 9,000; Lee Yun Chung HKD 11,000; Lee Pik Wan HKD 13,000; Lee Chi Yun HKD 17,000.