HUNG CHOR HUNG JOHN v. LI KWOK KIN AND ANOTHER

HUNG CHOR HUNG JOHN v. LI KWOK KIN AND ANOTHER

Taking the plaintiff's case at its highest for the interlocutory transfer application, the court found a reasonable average multiplicand over the whole period would not exceed HK$5,000 per month and, using the pleaded multiplier of 11, any award for loss of services would not exceed HK$660,000; combined with undisputed bereavement and funeral sums and estimated interest the total was within District Court jurisdiction, therefore the action was transferred to the District Court and costs of the application ordered against the plaintiff.

Citation
HUNG CHOR HUNG JOHN v. LI KWOK KIN AND ANOTHER
Parties
Plaintiff (administrator of Estate of Chow So Hing): Hung Chor Hung John; 1st Defendant: Li Kwok Kin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 November 2009
Case Number
HCPI251/2009
Procedural Posture
Personal Injuries Action / Transfer Application to District Court (decision Made)
Outcome
Case transferred to the District Court.
Legal Topics
Loss of Services, Loss of Dependency, Bereavement, Quantification of Damages, Multiplicand Multiplier, Transfer of Jurisdiction
Source Language
EN
Tort Personal Injury Fatal Accidents Civil Procedure Damages Loss of Services Loss of Dependency Bereavement +3 more

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Parties

Hung Chor Hung John

Plaintiff (administrator of Estate of Chow So Hing)

Li Kwok Kin

1st Defendant

Procedural Posture

Personal Injuries Action / Transfer Application to District Court (decision Made)

Legal Issues

  1. 1 Whether the likely quantum of damages for loss of the deceased's services would exceed District Court jurisdictional limit
  2. 2 Whether the multiplicand/multiplier (nanny) approach is appropriate to value loss of services of a deceased non-earning household provider
  3. 3 Whether pre-trial loss of gratuitous services should be assessed separately or as part of general damages

Ratio Decidendi

Taking the plaintiff's case at its highest for the interlocutory transfer application, the court found a reasonable average multiplicand over the whole period would not exceed HK$5,000 per month and, using the pleaded multiplier of 11, any award for loss of services would not exceed HK$660,000; combined with undisputed bereavement and funeral sums and estimated interest the total was within District Court jurisdiction, therefore the action was transferred to the District Court and costs of the application ordered against the plaintiff.

Court Disposition

Case transferred to the District Court.

Orders

  • Case transferred to the District Court pursuant to s.43 District Court Ordinance
  • Parties to jointly apply within 14 days of transfer to the PI Master in the District Court to restore the Check List Review and set the case down for trial