YIP LAN AND YIP KAM CHING v. WONG BING SENG AND ANOTHER

YIP LAN AND YIP KAM CHING v. WONG BING SENG AND ANOTHER

The court accepted plaintiffs' dependency figure of $700 per month (including tips), applied a multiplier of 14 for a 46 year old private bus driver to award $117,600 under the Fatal Accidents Ordinance, awarded $10,000 for loss of expectation of life plus $3,155 funeral expenses and $50 for clothing under the Law Amendment and Reform (Consolidation) Ordinance, ordered interest on the specified components at stated rates, and directed deduction of Workmen's Compensation from the Fatal Accidents award before final distribution and further hearing on children's share.

Citation
YIP LAN AND YIP KAM CHING v. WONG BING SENG AND ANOTHER
Parties
Plaintiff (o.j. No. 2069/74): LIU Shiu Keung trading as Keung Kee Transportation Co.; Plaintiff (o.j. No. 140/75): YIP Lan and YIP Kam Ching (Administrators of the estate of WONG Choy (deceased)); 1st Defendant: WONG Bing Seng; 2nd Defendant: CHIU Kam Cheung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 September 1975
Case Number
HCA140/1975
Procedural Posture
Consolidated Civil Actions: Fatal Accidents Ordinance Claim and Employer's Subrogated Claim (workmen's Compensation) / Assessment of Damages Pursuant to Interlocutory Judgment (damages to Be Assessed)
Outcome
Damages assessed in part and awarded subject to deduction of Workmen's Compensation; further hearing reserved to determine final net Fatal Accidents award and distribution of children's shares; costs awarded to plaintiff to be taxed under Legal Aid Regulations.
Legal Topics
Wrongful Death, Calculation of Dependency and Multiplier, Loss of Expectation of Life, Funeral Expenses, Interest on Awards, Apportionment Among Dependants, Deduction of Statutory Compensation
Source Language
EN
Tort Personal Injury Fatal Accidents Employment/workmen's Compensation Civil Procedure Damages Assessment Wrongful Death Calculation of Dependency and Multiplier Loss of Expectation of Life +4 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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

LIU Shiu Keung trading as Keung Kee Transportation Co.

Plaintiff (o.j. No. 2069/74)

YIP Lan and YIP Kam Ching (Administrators of the estate of WONG Choy (deceased))

Plaintiff (o.j. No. 140/75)

WONG Bing Seng

1st Defendant

CHIU Kam Cheung

2nd Defendant

Procedural Posture

Consolidated Civil Actions: Fatal Accidents Ordinance Claim and Employer's Subrogated Claim (workmen's Compensation) / Assessment of Damages Pursuant to Interlocutory Judgment (damages to Be Assessed)

Legal Issues

  1. 1 Quantum of damages under the Law Amendment and Reform (Consolidation) Ordinance
  2. 2 Quantum and apportionment of dependency award under the Fatal Accidents Ordinance
  3. 3 Appropriate multiplier for a 46 year old private bus driver

Ratio Decidendi

The court accepted plaintiffs' dependency figure of $700 per month (including tips), applied a multiplier of 14 for a 46 year old private bus driver to award $117,600 under the Fatal Accidents Ordinance, awarded $10,000 for loss of expectation of life plus $3,155 funeral expenses and $50 for clothing under the Law Amendment and Reform (Consolidation) Ordinance, ordered interest on the specified components at stated rates, and directed deduction of Workmen's Compensation from the Fatal Accidents award before final distribution and further hearing on children's share.

Court Disposition

Damages assessed in part and awarded subject to deduction of Workmen's Compensation; further hearing reserved to determine final net Fatal Accidents award and distribution of children's shares; costs awarded to plaintiff to be taxed under Legal Aid Regulations.

Orders

  • Award under Law Amendment and Reform (Consolidation) Ordinance: $10,000 (loss of expectation of life)
  • Funeral expenses awarded: $3,155