CHEUNG SAU YING AND ANOTHER v. TSE SHING KEUNG AND ANOTHER

CHEUNG SAU YING AND ANOTHER v. TSE SHING KEUNG AND ANOTHER

Deceased's monthly contribution to dependants was assessed at $600 after deducting realistic personal maintenance of $150; a multiplier of 14 was appropriate given his age, health and continued earning capacity; therefore loss of dependency is $600 x 12 x 14 = $100,800; no separate award for pain and suffering as it merges with Fatal Accidents Ordinance awards; no reduction for accelerated receipt was applied.

Citation
CHEUNG SAU YING AND ANOTHER v. TSE SHING KEUNG AND ANOTHER
Parties
Plaintiff (administrator): Cheung Sau Ying; Plaintiff (administrator): Ngo Shui Shun; 1st Defendant: Tse Shing Keung; 2nd Defendant: Kowloon Motor Bus Co. (1933) Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 March 1976
Case Number
HCA836/1975
Procedural Posture
Tort Wrongful Death / Fatal Accidents / Assessment of Damages Following Interlocutory Judgment by Consent
Outcome
Judgment for Plaintiff
Legal Topics
Loss of Dependency, Expectation of Life, Apportionment of Damages, Merger of Damages, Multiplier Method, Interest on Special Damages
Source Language
EN
Torts Personal Injury Wrongful Death Damages Loss of Dependency Expectation of Life Apportionment of Damages Merger of Damages +2 more

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Parties

Cheung Sau Ying

Plaintiff (administrator)

Ngo Shui Shun

Plaintiff (administrator)

Tse Shing Keung

1st Defendant

Kowloon Motor Bus Co. (1933) Ltd.

2nd Defendant

Procedural Posture

Tort Wrongful Death / Fatal Accidents / Assessment of Damages Following Interlocutory Judgment by Consent

Legal Issues

  1. 1 Whether separate award for pain and suffering should be made or merges with Fatal Accidents Ordinance awards
  2. 2 Proper monthly deduction for deceased's own maintenance
  3. 3 Appropriate multiplier for future loss of dependency

Ratio Decidendi

Deceased's monthly contribution to dependants was assessed at $600 after deducting realistic personal maintenance of $150; a multiplier of 14 was appropriate given his age, health and continued earning capacity; therefore loss of dependency is $600 x 12 x 14 = $100,800; no separate award for pain and suffering as it merges with Fatal Accidents Ordinance awards; no reduction for accelerated receipt was applied.

Court Disposition

Judgment for Plaintiff

Orders

  • Judgment for the Plaintiff for HKD 103800 composed of HKD 100800 general damages and HKD 3000 special damages
  • Apportionment of HKD 100800 among dependants: Ngo Man-keung HKD 2500, Ngo Kwai-lan HKD 7000, Ngo Chak-sing HKD 7500, Ngo Chak-hung HKD 11000, Ngo Kwai-king HKD 15000, Ngo Kwai-fong HKD 18000, balance HKD 39800 to Cheung Sau-ying (widow)