LAI JIN AND OTHERS v. FOK CHIT AND ANOTHER

LAI JIN AND OTHERS v. FOK CHIT AND ANOTHER

Court fixed monthly dependency at $500, applied a multiplier of 6 to award $36,000 general damages under the Fatal Accidents Ordinance, added agreed special damages of $4,550 and assessed $10,000 under Cap.23 (to merge with Cap.22 award); assessed separate general and special damages for the 2nd plaintiff at $7,500 and $715 respectively and for the 3rd plaintiff at $2,000 and $360 respectively; interest and costs awarded to plaintiffs.

Citation
LAI JIN AND OTHERS v. FOK CHIT AND ANOTHER
Parties
1st Plaintiff: LAI JIN (Administratrix of the Estate of KWONG SI HUNG deceased); 2nd Plaintiff: KWONG KAU; 3rd Plaintiff: LEUNG MEI LING; 1st Defendant: FOK CHIT; 2nd Defendant: TAM TANG FAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 November 1978
Case Number
HCA721/1978
Procedural Posture
Tort Road Traffic Accident; Fatal Accidents; Personal Injury / Assessment of Damages and Delivery of Judgment (interlocutory Judgment Entered; Damages to Be Assessed)
Outcome
Judgment for plaintiffs on assessment of damages; damages awarded to plaintiffs; interest and costs awarded; Certificate for Counsel granted.
Legal Topics
Wrongful Death, Dependency, Multipliers, Special Damages, Interest, Costs
Source Language
EN
Tort Personal Injury Fatal Accidents Damages Assessment Wrongful Death Dependency Multipliers Special Damages +2 more

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Parties

LAI JIN (Administratrix of the Estate of KWONG SI HUNG deceased)

1st Plaintiff

KWONG KAU

2nd Plaintiff

LEUNG MEI LING

3rd Plaintiff

FOK CHIT

1st Defendant

TAM TANG FAI

2nd Defendant

Procedural Posture

Tort Road Traffic Accident; Fatal Accidents; Personal Injury / Assessment of Damages and Delivery of Judgment (interlocutory Judgment Entered; Damages to Be Assessed)

Legal Issues

  1. 1 Quantum of dependency for fatal accident claim
  2. 2 Appropriate multiplier for future dependency
  3. 3 Assessment of general and special damages for injured plaintiffs

Ratio Decidendi

Court fixed monthly dependency at $500, applied a multiplier of 6 to award $36,000 general damages under the Fatal Accidents Ordinance, added agreed special damages of $4,550 and assessed $10,000 under Cap.23 (to merge with Cap.22 award); assessed separate general and special damages for the 2nd plaintiff at $7,500 and $715 respectively and for the 3rd plaintiff at $2,000 and $360 respectively; interest and costs awarded to plaintiffs.

Court Disposition

Judgment for plaintiffs on assessment of damages; damages awarded to plaintiffs; interest and costs awarded; Certificate for Counsel granted.

Orders

  • Award to estate of deceased (1st Plaintiff): General damages $36,000 under Fatal Accidents Ordinance (Cap.22)
  • Agreed special damages to estate: $4,550