LIU KANG FUN AND ANOTHER v. TSUI WAI PING

LIU KANG FUN AND ANOTHER v. TSUI WAI PING

Assessment accepted plaintiffs' factual evidence and calculations with judicial adjustments: daily wage adopted at HK$1,200 and 24 working days; monthly contribution apportioned as half wages and family apportionment one quarter; multipliers adopted as 13 for widow and two young children, 8 for deceased's mother and father-in-law (mother-in-law 10); accumulation of wealth accepted at 20% of lifetime earnings; bereavement fixed at HK$70,000; funeral HK$13,000; interest applied as stated; infants' shares to be paid into court and invested.

Citation
LIU KANG FUN AND ANOTHER v. TSUI WAI PING
Parties
Plaintiff / Administrator of Estate: LIU KANG FUN; Plaintiff / Administrator of Estate: LIU CHEUK LEUNG; Defendant: TSUI WAI PING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 December 1999
Case Number
HCPI666/1995
Procedural Posture
Personal Injuries / Fatal Accidents Claim / Assessment of Damages Following Interlocutory Judgment in Default of Defence
Outcome
Assessment of damages entered for Plaintiffs in default; total award HKD 3,114,258.97; infants' shares to be paid into court and invested; costs awarded to Plaintiffs (to be taxed); Plaintiffs' own costs to be taxed per Legal Aid Regulations.
Legal Topics
Dependency, Bereavement, Accumulation of Wealth, Interest, Infant Funds, Funeral Expenses
Source Language
EN
Fatal Accidents Ordinance (wrongful Death) Law Amendment and Reform (consolidation) Ordinance (larco) Tort — Negligence Damages Assessment Dependency Bereavement Accumulation of Wealth Interest +2 more

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Parties

LIU KANG FUN

Plaintiff / Administrator of Estate

LIU CHEUK LEUNG

Plaintiff / Administrator of Estate

TSUI WAI PING

Defendant

Procedural Posture

Personal Injuries / Fatal Accidents Claim / Assessment of Damages Following Interlocutory Judgment in Default of Defence

Legal Issues

  1. 1 Quantum of dependency and apportionment among dependants
  2. 2 Appropriate multipliers for future loss
  3. 3 Whether loss of accumulation of wealth under LARCO is provable and quantum

Ratio Decidendi

Assessment accepted plaintiffs' factual evidence and calculations with judicial adjustments: daily wage adopted at HK$1,200 and 24 working days; monthly contribution apportioned as half wages and family apportionment one quarter; multipliers adopted as 13 for widow and two young children, 8 for deceased's mother and father-in-law (mother-in-law 10); accumulation of wealth accepted at 20% of lifetime earnings; bereavement fixed at HK$70,000; funeral HK$13,000; interest applied as stated; infants' shares to be paid into court and invested.

Court Disposition

Assessment of damages entered for Plaintiffs in default; total award HKD 3,114,258.97; infants' shares to be paid into court and invested; costs awarded to Plaintiffs (to be taxed); Plaintiffs' own costs to be taxed per Legal Aid Regulations.

Orders

  • Total award in favour of Plaintiffs in sum of HK$3,114,258.97
  • Bereavement award HK$70,000