CHUNG SUI CHEONG the administrator of the estate of CHUNG WAI MAN JOSEPH deceased v. TSANG WAI HUNG

CHUNG SUI CHEONG the administrator of the estate of CHUNG WAI MAN JOSEPH deceased v. TSANG WAI HUNG

Court accepted only part of plaintiff's dependency claim: awarded $3,000 per month contribution and $600 per month for meals (total $3,600 monthly), rejected the $8,000 rent claim as unproved and illegal under the Home Ownership Scheme, fixed pre-trial dependency at $172,800 and post-trial dependency at $648,864;...

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Citation
CHUNG SUI CHEONG the administrator of the estate of CHUNG WAI MAN JOSEPH deceased v. TSANG WAI HUNG
Parties
Plaintiff (administrator of Estate of Deceased): Chung Sui Cheong; Deceased (estate Beneficiary): Chung Wai Man Joseph; Defendant: Tsang Wai Hung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 November 2017
Case Number
HCPI1058/2015
Procedural Posture
Personal Injuries (fatal Accident) Assessment of Damages / Assessment of Quantum Following Interlocutory Judgment on Liability
Outcome
Judgment for plaintiff on quantum; partial allowance of dependency and accumulation claims; overall award in favour of plaintiff
Legal Topics
Loss of Dependency, Loss of Accumulation of Wealth, Bereavement, Funeral Expenses, Illegality (ex Turpi Causa), Interest and Accelerated Receipt, Evidence and Quantification
Source Language
en
Personal Injury Fatal Accidents Damages Employment/contract Loss of Dependency Loss of Accumulation of Wealth Bereavement Funeral Expenses +3 more

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Parties

Chung Sui Cheong

Plaintiff (administrator of Estate of Deceased)

Chung Wai Man Joseph

Deceased (estate Beneficiary)

Tsang Wai Hung

Defendant

Procedural Posture

Personal Injuries (fatal Accident) Assessment of Damages / Assessment of Quantum Following Interlocutory Judgment on Liability

Legal Issues

  1. 1 Whether claimed dependency (monthly contributions, meals, rent) was proven on balance of probabilities
  2. 2 Whether the alleged promise to pay rent for a Home Ownership Scheme flat is lawful and enforceable
  3. 3 Appropriate quantification of pre-trial and post-trial loss of dependency

Ratio Decidendi

Court accepted only part of plaintiff's dependency claim: awarded $3,000 per month contribution and $600 per month for meals (total $3,600 monthly), rejected the $8,000 rent claim as unproved and illegal under the Home Ownership Scheme, fixed pre-trial dependency at $172,800 and post-trial dependency at $648,864; assessed loss of accumulation under LARCO after analysing income, expenditure, MPF, retirement and accelerated receipt and awarded $530,000; awarded bereavement $150,000, PSLA $40,000 and funeral expenses $361,188; applied specified interest rates and made costs order nisi against defendant.

Court Disposition

Judgment for plaintiff on quantum; partial allowance of dependency and accumulation claims; overall award in favour of plaintiff

Orders

  • Pre-trial loss of dependency awarded $172,800 (HKD)
  • Post-trial loss of dependency awarded $648,864 (HKD)