HUI SEE HO AND OTHERS v. POON CHI PING AND ANOTHER

HUI SEE HO AND OTHERS v. POON CHI PING AND ANOTHER

Master accepted plaintiff evidence on earnings and contributions, quantified pre-trial and post-trial losses by calculating monthly free balances and applying appropriate multipliers, awarded specified sums under LARCO and FAO, and ordered merger of estate shares into FAO awards according to intestacy entitlements; interest and costs were fixed as set out.

Citation
HUI SEE HO AND OTHERS v. POON CHI PING AND ANOTHER
Parties
Plaintiff/administrator: HUI SEE HO; Co Administrator/plaintiff: HUI CHI YUEN; 1st Defendant: POON CHI PING; 2nd Defendant: CHAN WING CHUEN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 April 1985
Case Number
HCA5370/1979
Procedural Posture
Civil Wrongful Death / Assessment of Damages / Assessment of Damages in Chambers After Interlocutory Judgment
Outcome
Assessment of damages awarded for plaintiff as detailed; costs to plaintiff to be taxed under Legal Aid Regulations; certificate for counsel to issue.
Legal Topics
Loss of Expectation of Life, Funeral Expenses, Lost Years / Loss of Earnings, Dependency Claims, Merger of Awards, Interest on Damages, Costs and Taxation
Source Language
EN
Fatal Accidents Ordinance Personal Injury Wrongful Death Damages Assessment Estates/intestacy Loss of Expectation of Life Funeral Expenses Lost Years / Loss of Earnings Dependency Claims +3 more

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Parties

HUI SEE HO

Plaintiff/administrator

HUI CHI YUEN

Co Administrator/plaintiff

POON CHI PING

1st Defendant

CHAN WING CHUEN

2nd Defendant

Procedural Posture

Civil Wrongful Death / Assessment of Damages / Assessment of Damages in Chambers After Interlocutory Judgment

Legal Issues

  1. 1 Quantum of damages under LARCO and FAO
  2. 2 Calculation of lost years and future loss using multipliers
  3. 3 Apportionment and merger of estate share with FAO awards

Ratio Decidendi

Master accepted plaintiff evidence on earnings and contributions, quantified pre-trial and post-trial losses by calculating monthly free balances and applying appropriate multipliers, awarded specified sums under LARCO and FAO, and ordered merger of estate shares into FAO awards according to intestacy entitlements; interest and costs were fixed as set out.

Court Disposition

Assessment of damages awarded for plaintiff as detailed; costs to plaintiff to be taxed under Legal Aid Regulations; certificate for counsel to issue.

Orders

  • Deceased (CHAN Pitt Moon): loss of expectation of life $20,000 HKD; funeral expenses $6,333 HKD; loss of earnings (LARCO) total $78,233 HKD.
  • Husband (HUI See Ho) awarded total FAO entitlement $200,368 HKD comprising loss of consortium $2,000 HKD, loss of wife's care pre- and post-trial $190,700 HKD and dependency on wife's contribution $7,668 HKD.