CHEUNG, LINDA AND OTHERS v. CHOI LIN KIU AND ANOTHER

CHEUNG, LINDA AND OTHERS v. CHOI LIN KIU AND ANOTHER

The court accepted the plaintiffs' method of computing the multiplicand by applying the 1984 estimated monthly earnings and proportionately scaled 1983 household expenditure, adopted a monthly multiplicand of HK$3,509, a multiplier of 14, allowed 5% notional savings, and awarded total damages of HK$691,010 with specified interest rates and apportionment under intestacy rules.

Citation
CHEUNG, LINDA AND OTHERS v. CHOI LIN KIU AND ANOTHER
Parties
Plaintiff (administrator of Estate): Cheung, Linda; Plaintiff (administrator of Estate): Wong Kai Fung; Defendant (1st): Choi Lin Kiu; Defendant (2nd): Leung Tak Cheung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 June 1985
Case Number
HCA6887/1984
Procedural Posture
Fatal Accidents / Wrongful Death Claim Arising From Dangerous Driving / Assessment of Damages (master in Chambers)
Outcome
Judgment for plaintiffs assessing damages
Legal Topics
Loss of Dependency, Lost Years Calculation, Multiplicand and Multiplier, Notional Savings, Interest on Damages, Apportionment Among Dependants
Source Language
EN
Tort Fatal Accidents Road Traffic Damages Law Succession/intestacy Loss of Dependency Lost Years Calculation Multiplicand and Multiplier +3 more

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Parties

Cheung, Linda

Plaintiff (administrator of Estate)

Wong Kai Fung

Plaintiff (administrator of Estate)

Choi Lin Kiu

Defendant (1st)

Leung Tak Cheung

Defendant (2nd)

Procedural Posture

Fatal Accidents / Wrongful Death Claim Arising From Dangerous Driving / Assessment of Damages (master in Chambers)

Legal Issues

  1. 1 How to calculate the monthly multiplicand given a promotion shortly before death
  2. 2 Appropriate multiplier for a 34 year old deceased with disputed health
  3. 3 Whether to allow notional savings and at what percentage

Ratio Decidendi

The court accepted the plaintiffs' method of computing the multiplicand by applying the 1984 estimated monthly earnings and proportionately scaled 1983 household expenditure, adopted a monthly multiplicand of HK$3,509, a multiplier of 14, allowed 5% notional savings, and awarded total damages of HK$691,010 with specified interest rates and apportionment under intestacy rules.

Court Disposition

Judgment for plaintiffs assessing damages

Orders

  • Damages assessed at HK$691,010 payable to the Director of Legal Aid within 21 days
  • Interest on special damages and pre-trial loss of earnings at 5.5% from date of death until today