CHU WO HEUNG AND ANOTHER v. HUI LAI WA AND OTHERS

CHU WO HEUNG AND ANOTHER v. HUI LAI WA AND OTHERS

Judge found on the evidence that the deceased's reliable net trucking income was HK$26,400 per month, assessed loss of dependency at HK$16,000 per month, adopted a multiplier of 14, awarded specified pre and post assessment sums for dependency and accumulation, refused to adopt the IRD Asset Betterment Method and held that alleged illegal or unproven businesses could not underpin pecuniary loss claims.

Citation
CHU WO HEUNG AND ANOTHER v. HUI LAI WA AND OTHERS
Parties
Plaintiffs (administratrices of the Estate of Yuen Fook Wah, Deceased): Chu Wo Heung and Pak Yuen Sau; 1st Defendant: Hui Lai Wa formerly trading as Lung Fung Super Seasonal Fruit; 2nd Defendant: Wong Shuet Ying and Liu Wai Keung; 3rd Defendant: Incorporated Owners of Lung Fung Garden; 4th Defendant: Wong Pun Wai; 5th Defendant: Hang Yick Properties Management Ltd; 6th Defendant (representative Owners): Lo Mang Lun; Chan Wai Chun (Nelly); Chow Siu Lin (and other owners of Lung Fung Garden)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 July 2003
Case Number
HCPI952/1996
Procedural Posture
Personal Injuries (fatal Accident) / Quantum Hearing and Judgment Following Earlier Liability Finding
Outcome
Judgment for the plaintiffs on quantum following earlier liability finding against 4th and 5th defendants; awards made as set out below; order nisi for costs in favour of plaintiffs
Legal Topics
Loss of Dependency, Quantum Assessment, Multiplier, Asset Betterment Method, Bereavement, Interest on Pecuniary Loss, Assessment of Income, Use of Contemporaneous Records
Source Language
EN
Tort Personal Injuries Fatal Accidents Damages Evidence Loss of Dependency Quantum Assessment Multiplier +5 more

Case Brief

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Chu Wo Heung and Pak Yuen Sau

Plaintiffs (administratrices of the Estate of Yuen Fook Wah, Deceased)

Hui Lai Wa formerly trading as Lung Fung Super Seasonal Fruit

1st Defendant

Wong Shuet Ying and Liu Wai Keung

2nd Defendant

Incorporated Owners of Lung Fung Garden

3rd Defendant

Wong Pun Wai

4th Defendant

Hang Yick Properties Management Ltd

5th Defendant

Lo Mang Lun; Chan Wai Chun (Nelly); Chow Siu Lin (and other owners of Lung Fung Garden)

6th Defendant (representative Owners)

Procedural Posture

Personal Injuries (fatal Accident) / Quantum Hearing and Judgment Following Earlier Liability Finding

Legal Issues

  1. 1 Proper method to assess deceased's income for damages (actual income from business v IRD Asset Betterment Method)
  2. 2 Quantification of loss of dependency and selection of appropriate multiplier
  3. 3 Extent to which gifts or third party support reduce damages

Ratio Decidendi

Judge found on the evidence that the deceased's reliable net trucking income was HK$26,400 per month, assessed loss of dependency at HK$16,000 per month, adopted a multiplier of 14, awarded specified pre and post assessment sums for dependency and accumulation, refused to adopt the IRD Asset Betterment Method and held that alleged illegal or unproven businesses could not underpin pecuniary loss claims.

Court Disposition

Judgment for the plaintiffs on quantum following earlier liability finding against 4th and 5th defendants; awards made as set out below; order nisi for costs in favour of plaintiffs

Orders

  • Total Pre-Assessment Loss of Dependency awarded HK$1,720,000
  • Total Post-Assessment Loss of Dependency awarded HK$968,000