AU WAI MUI v. FAN WU KEE AND ANOTHER

AU WAI MUI v. FAN WU KEE AND ANOTHER

On the evidence of the deceased's academic performance, awards and teachers' comments the court found it probable he would obtain tertiary education and work in electronics/IT or as a Tae Kwon Do instructor, accept a monthly parental contribution of $6,000 and apply a multiplier of 9, awarding $648,000 for loss of dependency and $100,000 for loss of accumulation of wealth; total assessed damages $952,370, with defendants 30% liable, yielding recovery of $285,981 plus interest and costs in accordance with the judgment.

Citation
AU WAI MUI v. FAN WU KEE AND ANOTHER
Parties
Plaintiff / Personal Representative: Madam Au (personal representative of the estate of Mau Chi Ho); Defendants: 1st and 2nd Defendants
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 November 2010
Case Number
DCPI2239/2009
Procedural Posture
Fatal Accident Ordinance (cap.22) Claim and Claim Under Law Amendment and Reform (consolidation) Ordinance for Loss of Accumulation of Wealth / Assessment of Damages After Liability Admitted by Consent (defendants Held 30% Liable)
Outcome
Assessment of damages entered for the Plaintiff; specific sums awarded and judgment for 30% of assessed damages in favour of the Plaintiff.
Legal Topics
Loss of Dependency, Loss of Accumulation of Wealth, Bereavement, Assessment of Future Losses, Interest, Costs, Consent Judgment
Source Language
EN
Tort Personal Injury Fatal Accidents Damages Civil Procedure Loss of Dependency Loss of Accumulation of Wealth Bereavement +4 more

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Parties

Madam Au (personal representative of the estate of Mau Chi Ho)

Plaintiff / Personal Representative

1st and 2nd Defendants

Defendants

Procedural Posture

Fatal Accident Ordinance (cap.22) Claim and Claim Under Law Amendment and Reform (consolidation) Ordinance for Loss of Accumulation of Wealth / Assessment of Damages After Liability Admitted by Consent (defendants Held 30% Liable)

Legal Issues

  1. 1 Whether claimant is entitled to loss of dependency under the Fatal Accidents Ordinance and the appropriate quantum
  2. 2 Whether an award for loss of accumulation of wealth is justified and its quantum
  3. 3 Appropriate multiplicand and multiplier to calculate dependency for a 14‑year‑old deceased

Ratio Decidendi

On the evidence of the deceased's academic performance, awards and teachers' comments the court found it probable he would obtain tertiary education and work in electronics/IT or as a Tae Kwon Do instructor, accept a monthly parental contribution of $6,000 and apply a multiplier of 9, awarding $648,000 for loss of dependency and $100,000 for loss of accumulation of wealth; total assessed damages $952,370, with defendants 30% liable, yielding recovery of $285,981 plus interest and costs in accordance with the judgment.

Court Disposition

Assessment of damages entered for the Plaintiff; specific sums awarded and judgment for 30% of assessed damages in favour of the Plaintiff.

Orders

  • Loss of dependency awarded $648,000 HKD
  • Bereavement award $150,000 HKD (agreed)