FUNG SUEN SIM v. LIU CHUN PONG AND ANOTHER

FUNG SUEN SIM v. LIU CHUN PONG AND ANOTHER

Judge accepted turnover and bank deposit evidence as true receipts and accepted the expenses declared in the accounts; concluded annual net pre-tax income for Tai Cheong was HKD 835,874.1, applied a 9% tax assumption to reach net after tax HKD 760,645, adjusted for inflation to produce median notional net after tax HKD 798,678; adopted conventional dependency percentages (75% for pre‑trial widow+children; 66.6% for post‑trial to widow alone), chose a multiplier of 9 (apportioned 86 months pre‑trial and 22 months post‑trial) and awarded pre‑trial HKD 4,292,894.25 and post‑trial HKD 1,021,623; awarded LARCO accumulation HKD 450,000, bereavement HKD 150,000 and funeral HKD 80,357; awarded...

Citation
FUNG SUEN SIM v. LIU CHUN PONG AND ANOTHER
Parties
Plaintiff; Personal Representative and Intended Administratrix of the Estate of Lung Kai Hon, Deceased: Fung Suen Sim; 1st Defendant: Liu Chun Pong; 2nd Defendant: Poon Wing Kay
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 December 2011
Case Number
HCPI896/2007
Procedural Posture
Personal Injuries Fatal Accident Claim / Assessment of Damages (judgment)
Outcome
Judgment for the plaintiff on assessment of damages; interlocutory judgment previously entered by consent of insurers; costs ordered against defendants (nisi).
Legal Topics
Loss of Dependency, Loss of Accumulation of Wealth (larco), Assessment of Business Profits, Treatment of Joint Property in Dependency Claims, Multiplier and Apportionment Pre/post Trial, Bereavement and Funeral Awards, Interest on Damages, Application of Statutory Provisions (fao S7; LARCO S20)
Source Language
EN
Tort Personal Injury Fatal Accidents Damages Assessment Insurance Probate/larco Loss of Dependency Loss of Accumulation of Wealth (larco) +6 more

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Parties

Fung Suen Sim

Plaintiff; Personal Representative and Intended Administratrix of the Estate of Lung Kai Hon, Deceased

Liu Chun Pong

1st Defendant

Poon Wing Kay

2nd Defendant

Procedural Posture

Personal Injuries Fatal Accident Claim / Assessment of Damages (judgment)

Legal Issues

  1. 1 Proper measure of business receipts and expenses for Tai Cheong
  2. 2 Whether son and daughter were dependants and to what extent
  3. 3 Appropriate percentage to convert earnings into dependency (savings element included)

Ratio Decidendi

Judge accepted turnover and bank deposit evidence as true receipts and accepted the expenses declared in the accounts; concluded annual net pre-tax income for Tai Cheong was HKD 835,874.1, applied a 9% tax assumption to reach net after tax HKD 760,645, adjusted for inflation to produce median notional net after tax HKD 798,678; adopted conventional dependency percentages (75% for pre‑trial widow+children; 66.6% for post‑trial to widow alone), chose a multiplier of 9 (apportioned 86 months pre‑trial and 22 months post‑trial) and awarded pre‑trial HKD 4,292,894.25 and post‑trial HKD 1,021,623; awarded LARCO accumulation HKD 450,000, bereavement HKD 150,000 and funeral HKD 80,357; awarded...

Court Disposition

Judgment for the plaintiff on assessment of damages; interlocutory judgment previously entered by consent of insurers; costs ordered against defendants (nisi).

Orders

  • Damages for pre-trial loss of dependency awarded HKD 4,292,894.25
  • Damages for post-trial loss of dependency awarded HKD 1,021,623