TING KAM YUEN v. CHEUNG WING KIN AND ANOTHER

TING KAM YUEN v. CHEUNG WING KIN AND ANOTHER

Bereavement awarded at statutory HK$150,000 and pre-trial dependency at HK$333,450 (total HK$483,450). Insurance compensation and gratuity paid to dependants (RMB11,520 and RMB8,480 totalling RMB20,000) were benefits accruing as a result of the death and therefore are to be disregarded in assessing FAO damages under s7; pain and suffering claim rejected for lack of evidence of conscious suffering; interest applied as per interlocutory judgment (bereavement at 2% pa from date of death; pre-trial losses at half judgment rate from date of accident to judgment, then judgment rate); costs ordered nisi with specified exceptions and taxation directions.

Citation
TING KAM YUEN v. CHEUNG WING KIN AND ANOTHER
Parties
Plaintiff (lawful Attorney for and on Behalf of the Dependants of Tong Kwok Fong and Personal Representative of His Estate): Ting Kam Yuen; 1st Defendant (representative of the Estate of Cheung Tak Ming, Deceased): Cheung Wing Kin; 2nd Defendant (representative of the Estate of Chau Tai Ho, Deceased) (discontinued): Cheung Wing Kin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 April 2011
Case Number
HCPI288/1996
Procedural Posture
Personal Injuries Action (fatal Accident) / Assessment of Damages (post Interlocutory Judgment)
Outcome
Judgment for Plaintiff against 1st Defendant for HK$483,450 (bereavement HK$150,000 and pre-trial loss of dependency HK$333,450); 2nd Defendant discontinued.
Legal Topics
Loss of Dependency, Bereavement, Interest on Damages, Costs and Taxation, Admissibility of Hearsay, Insurance Benefits and Double Recovery, Statutory Interpretation of FAO S7, Assessment Multipliers
Source Language
EN
Tort Fatal Accidents Maritime Law Insurance Law Civil Procedure Evidence Loss of Dependency Bereavement +6 more

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Parties

Ting Kam Yuen

Plaintiff (lawful Attorney for and on Behalf of the Dependants of Tong Kwok Fong and Personal Representative of His Estate)

Cheung Wing Kin

1st Defendant (representative of the Estate of Cheung Tak Ming, Deceased)

Cheung Wing Kin

2nd Defendant (representative of the Estate of Chau Tai Ho, Deceased) (discontinued)

Procedural Posture

Personal Injuries Action (fatal Accident) / Assessment of Damages (post Interlocutory Judgment)

Legal Issues

  1. 1 Whether bereavement and pre-trial dependency should be awarded and in what sums
  2. 2 Whether insurance compensation and gratuity payments received by dependants reduce damages under the Fatal Accidents Ordinance
  3. 3 Whether damages for pain and suffering should be awarded absent evidence of distress prior to death

Ratio Decidendi

Bereavement awarded at statutory HK$150,000 and pre-trial dependency at HK$333,450 (total HK$483,450). Insurance compensation and gratuity paid to dependants (RMB11,520 and RMB8,480 totalling RMB20,000) were benefits accruing as a result of the death and therefore are to be disregarded in assessing FAO damages under s7; pain and suffering claim rejected for lack of evidence of conscious suffering; interest applied as per interlocutory judgment (bereavement at 2% pa from date of death; pre-trial losses at half judgment rate from date of accident to judgment, then judgment rate); costs ordered nisi with specified exceptions and taxation directions.

Court Disposition

Judgment for Plaintiff against 1st Defendant for HK$483,450 (bereavement HK$150,000 and pre-trial loss of dependency HK$333,450); 2nd Defendant discontinued.

Orders

  • Judgment for HK$483,450 in favour of Plaintiff against 1st Defendant
  • Interest on bereavement payable at 2% per annum from date of death to date of judgment