KWAN CHING TONG HERBERT AND OTHERS v. LUK LAI KAM AND ANOTHER

KWAN CHING TONG HERBERT AND OTHERS v. LUK LAI KAM AND ANOTHER

Psychological injury not awarded because not specially pleaded and lacking psychiatric expert evidence; objective scarring awarded separately ($20,000) in addition to general pain and suffering; Singapore funeral repatriation costs disallowed as unreasonable except items that would have been incurred in Hong Kong; LARCO lost years awarded on deceased's part-time teaching earnings with multiplier (total HK$441,120); FAO dependency for loss of services (chauffeur, maid, tutoring and care) awarded (total HK$372,676) and not set off against LARCO because the services had pecuniary value independent of any financial contribution by the deceased.

Citation
KWAN CHING TONG HERBERT AND OTHERS v. LUK LAI KAM AND ANOTHER
Parties
1st Plaintiff: KWAN CHING TONG HERBERT; Administrator of the Estate of WAN LAU JEMNY YUE YEE (deceased): VIRGINIA WING MAN; 2nd Plaintiff (suing by Father and Next Friend Herbert Kwan): KWAN TSE HSIA ANNETTE; 1st Defendant: LUK LAI KAM; 2nd Defendant: YEUNG CHIU YING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 January 1990
Case Number
HCA5325/1988
Procedural Posture
Personal Injury and Wrongful Death (negligence) / Trial Judgment (master Jones, 12 January 1990)
Outcome
Judgment for plaintiffs in part. Awards made for personal injuries, LARCO lost years and funeral expenses, and FAO dependency as set out in orders. Costs to plaintiffs with certificate for counsel.
Legal Topics
Loss of Expectation of Life, Dependency Valuation, LARCO Lost Years, FAO Dependency, Psychological Injury Pleading, Scarring/cosmetic Damage, Funeral Expenses (overseas), Merger of Awards, Interest on Awards
Source Language
EN
Tort Personal Injury Fatal Accidents Damages Probate/estate Loss of Expectation of Life Dependency Valuation LARCO Lost Years +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 17 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

KWAN CHING TONG HERBERT

1st Plaintiff

VIRGINIA WING MAN

Administrator of the Estate of WAN LAU JEMNY YUE YEE (deceased)

KWAN TSE HSIA ANNETTE

2nd Plaintiff (suing by Father and Next Friend Herbert Kwan)

LUK LAI KAM

1st Defendant

YEUNG CHIU YING

2nd Defendant

Procedural Posture

Personal Injury and Wrongful Death (negligence) / Trial Judgment (master Jones, 12 January 1990)

Legal Issues

  1. 1 Whether psychological/psychiatric injury could be compensated without specific pleading and psychiatric expert evidence
  2. 2 Proper assessment and separate award for scarring/cosmetic injury
  3. 3 Recoverability of funeral and body removal expenses for overseas burial

Ratio Decidendi

Psychological injury not awarded because not specially pleaded and lacking psychiatric expert evidence; objective scarring awarded separately ($20,000) in addition to general pain and suffering; Singapore funeral repatriation costs disallowed as unreasonable except items that would have been incurred in Hong Kong; LARCO lost years awarded on deceased's part-time teaching earnings with multiplier (total HK$441,120); FAO dependency for loss of services (chauffeur, maid, tutoring and care) awarded (total HK$372,676) and not set off against LARCO because the services had pecuniary value independent of any financial contribution by the deceased.

Court Disposition

Judgment for plaintiffs in part. Awards made for personal injuries, LARCO lost years and funeral expenses, and FAO dependency as set out in orders. Costs to plaintiffs with certificate for counsel.

Orders

  • 2nd plaintiff (KWAN TSE HSIA ANNETTE) awarded general damages for pain, suffering and loss of amenities HK$85,000 and separate award for scarring HK$20,000; special damages for medical expenses and damaged clothing HK$23,634; total HK$108,634; interest: general damages 2% p.a. from date of accident to hearing;...
  • LARCO award to estate: loss of expectation of life HK$30,000; funeral expenses HK$23,980 and Singapore expenses S$7,420 (of which S$2,000 allowed from 'miscellaneous'); other special damages HK$750; lost years pre-trial HK$161,366 and post-trial HK$279,754; total HK$495,850 and S$7,420; interest: 2% p.a. from date...