LI LAI FUN AND ANOTHER v. LEUNG YIU CHEUNG AND OTHERS

LI LAI FUN AND ANOTHER v. LEUNG YIU CHEUNG AND OTHERS

Court accepted employer's contemporaneous Form 2 and testimony to find pre-accident monthly earnings $25,000 and notional monthly earnings at trial $17,000; adopted Harris method with 25% deduction for exclusive expenditure; applied multiplier 13 (adjusted for vicissitudes) producing pre-trial dependency $960,750 and future dependency $1,211,250; rejected loss of services claim; awarded $200,000 under LARCO for MPF-derived accumulation (rejecting matrimonial home equity as basis); awarded bereavement $150,000 and special damages $63,068; total judgment $2,585,068 with specified interest and costs order.

Citation
LI LAI FUN AND ANOTHER v. LEUNG YIU CHEUNG AND OTHERS
Parties
Plaintiffs: Li Lai Fun; Choi Chi Ming (Administrators of the estate of Chai (or Choi) Kai Chuen, Deceased); 1st Defendant: Leung Yiu Cheung; 2nd Defendant (claim Discontinued): Lau Sui Yim; 3rd Defendant (bankrupt): Lau Shiu Kong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 November 2004
Case Number
HCPI697/2002
Procedural Posture
Personal Injuries Assessment: Fatal Accidents Ordinance & LARCO / Assessment of Damages (post Liability Interlocutory Judgment)
Outcome
Judgment for the plaintiffs for $2,585,068 with interest as specified; costs order nisi for plaintiffs with certificate for counsel to be taxed if not agreed.
Legal Topics
Loss of Dependency, Loss of Services, Loss of Accumulation of Wealth, Assessment of Damages, Harris Method (deduction), Multiplier for Future Dependency, Admission of Late Witnesses, Interest on Damages, Bereavement and Special Damages
Source Language
EN
Fatal Accidents Ordinance (cap.22) Law Amendment and Reform (consolidation) Ordinance (cap.23) Personal Injury Damages Assessment Employment/retirement (mpf) Civil Procedure (evidence Admission) Loss of Dependency Loss of Services +7 more

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Parties

Li Lai Fun; Choi Chi Ming (Administrators of the estate of Chai (or Choi) Kai Chuen, Deceased)

Plaintiffs

Leung Yiu Cheung

1st Defendant

Lau Sui Yim

2nd Defendant (claim Discontinued)

Lau Shiu Kong

3rd Defendant (bankrupt)

Procedural Posture

Personal Injuries Assessment: Fatal Accidents Ordinance & LARCO / Assessment of Damages (post Liability Interlocutory Judgment)

Legal Issues

  1. 1 appropriate pre-accident earnings to use for dependency calculation
  2. 2 appropriate notional earnings at date of trial
  3. 3 whether Harris method (percentage deduction) applies and what deduction to use

Ratio Decidendi

Court accepted employer's contemporaneous Form 2 and testimony to find pre-accident monthly earnings $25,000 and notional monthly earnings at trial $17,000; adopted Harris method with 25% deduction for exclusive expenditure; applied multiplier 13 (adjusted for vicissitudes) producing pre-trial dependency $960,750 and future dependency $1,211,250; rejected loss of services claim; awarded $200,000 under LARCO for MPF-derived accumulation (rejecting matrimonial home equity as basis); awarded bereavement $150,000 and special damages $63,068; total judgment $2,585,068 with specified interest and costs order.

Court Disposition

Judgment for the plaintiffs for $2,585,068 with interest as specified; costs order nisi for plaintiffs with certificate for counsel to be taxed if not agreed.

Orders

  • Judgment for plaintiffs in the sum of $2,585,068
  • Interest: pre-trial loss of dependency at half judgment rate from issue of writ to date of judgment; no interest on post-trial dependency; MPF accumulation awarded interest at judgment rate from date of judgment until payment; bereavement interest at judgment rate from date of death to judgment; special damages...