GURUNG GAM BAHADUR, the administrator of the estate of GURUNG ANEL alias GURUNG ANAL, deceased v. UNITED CONSTRUCTION & MANPOWER SERVICE LTD AND ANOTHER

GURUNG GAM BAHADUR, the administrator of the estate of GURUNG ANEL alias GURUNG ANAL, deceased v. UNITED CONSTRUCTION & MANPOWER SERVICE LTD AND ANOTHER

Court found on balance of probabilities that the Deceased would have supported his parents and sister but not the grandmother separately. Awarded parents HK$5,000 per month combined (HK$2,500 each) and sister HK$10,000 per month for the period of study. Calculated pre-trial and post-trial losses accordingly (pre-trial parents HK$317,500; post-trial father HK$543,300 and mother HK$773,400 using agreed multipliers; sister HK$600,000 for 60 months). Rejected defendants' submission to deduct annual dependency from accumulated savings and accepted estate claim for loss of accumulation of wealth on inferential assessment with parties to perform mechanical recalculation using agreed income and...

Citation
[2022] HKCFI 2163
Parties
Plaintiff (administrator of the Estate): GURUNG GAM BAHADUR (administrator of the estate of GURUNG ANEL alias GURUNG ANAL); 1st Defendant: UNITED CONSTRUCTION & MANPOWER SERVICE LIMITED; 2nd Defendant: DRAGAGES HONG KONG LIMITED, CHINA HARBOUR ENGINEERING COMPANY LIMITED and VSL HONG KONG LIMITED trading as DRAGAGES – CHINA HARBOUR – VSL J.V.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 July 2022
Case Number
HCPI502/2019
Procedural Posture
Personal Injuries Action (fatal Accidents) / Assessment of Damages After Interlocutory Judgment on Liability
Outcome
Interlocutory judgment on liability entered by consent; damages to be quantified by parties in light of findings and a draft judgment to be submitted for court approval; costs to follow the event with potential scale limits and legal aid taxation; specified interest directions
Legal Topics
Loss of Dependency, Loss of Accumulation of Wealth, Bereavement, Funeral Expenses, Interest on Damages, Evidence Credibility, Calculation Methodology (kan Wai Ling)
Source Language
EN
Personal Injury Fatal Accidents Employment Law Damages Assessment Wrongful Death Statutory Compensation Loss of Dependency Loss of Accumulation of Wealth +5 more

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Parties

GURUNG GAM BAHADUR (administrator of the estate of GURUNG ANEL alias GURUNG ANAL)

Plaintiff (administrator of the Estate)

UNITED CONSTRUCTION & MANPOWER SERVICE LIMITED

1st Defendant

DRAGAGES HONG KONG LIMITED, CHINA HARBOUR ENGINEERING COMPANY LIMITED and VSL HONG KONG LIMITED trading as DRAGAGES – CHINA HARBOUR – VSL J.V.

2nd Defendant

Procedural Posture

Personal Injuries Action (fatal Accidents) / Assessment of Damages After Interlocutory Judgment on Liability

Legal Issues

  1. 1 Whether and to what extent the deceased’s parents, sister and grandmother are entitled to dependency damages
  2. 2 Quantification of dependency pre-trial and post-trial and appropriate multipliers
  3. 3 Whether the estate is entitled to loss of accumulation of wealth and the correct methodology to assess it

Ratio Decidendi

Court found on balance of probabilities that the Deceased would have supported his parents and sister but not the grandmother separately. Awarded parents HK$5,000 per month combined (HK$2,500 each) and sister HK$10,000 per month for the period of study. Calculated pre-trial and post-trial losses accordingly (pre-trial parents HK$317,500; post-trial father HK$543,300 and mother HK$773,400 using agreed multipliers; sister HK$600,000 for 60 months). Rejected defendants' submission to deduct annual dependency from accumulated savings and accepted estate claim for loss of accumulation of wealth on inferential assessment with parties to perform mechanical recalculation using agreed income and...

Court Disposition

Interlocutory judgment on liability entered by consent; damages to be quantified by parties in light of findings and a draft judgment to be submitted for court approval; costs to follow the event with potential scale limits and legal aid taxation; specified interest directions

Orders

  • Interlocutory judgment on liability entered by consent (22 April 2022)
  • Parties to agree quantification of damages with deduction of employees' compensation and reimbursed funeral expenses and to submit a draft Judgment for court approval