LAM FONG AND OTHERS v. LEE SIK TONG

LAM FONG AND OTHERS v. LEE SIK TONG

Court accepted the plaintiff's evidence of earnings, savings and family contributions, fixed the free balance at 53% of earnings, applied multiplier 16 for loss to estate under LARCO, awarded specified FAO sums to non-inheriting dependants with individual multipliers, deducted employees' compensation of HK$56,000 as likely payable to employer, awarded interest at specified rates on pre-trial heads, and ordered costs against the defendants.

Citation
LAM FONG AND OTHERS v. LEE SIK TONG
Parties
Plaintiff's Attorney: Lam Fong; Plaintiff Administrator of the Estate of Wong Kan Wan (deceased): Lau King Yau (alias Lau Kwan Yau); Deceased: Wong Kan Wan; 1st Defendant: Lee Sik Tong (also spelt Li Sik Tong); 2nd Defendant: Lo Hing Tang trading as Lo's Engineering Company
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 September 1986
Case Number
HCA1083/1985
Procedural Posture
Assessment of Damages Following Judgment on Liability in Fatal Accident / Damages Assessment Hearing (post Liability Judgment)
Outcome
Judgment for the plaintiff against both defendants for damages; detailed monetary awards and deductions set out below
Legal Topics
Wrongful Death, Loss of Dependency, Calculation of Dependence and Free Balance Under LARCO, Set Off for Employer's Compensation, Interest on Damages, Costs Taxation
Source Language
EN
Torts Fatal Accidents Employment Law Personal Injury Damages Assessment Wrongful Death Loss of Dependency Calculation of Dependence and Free Balance Under LARCO +3 more

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Parties

Lam Fong

Plaintiff's Attorney

Lau King Yau (alias Lau Kwan Yau)

Plaintiff Administrator of the Estate of Wong Kan Wan (deceased)

Wong Kan Wan

Deceased

Lee Sik Tong (also spelt Li Sik Tong)

1st Defendant

Lo Hing Tang trading as Lo's Engineering Company

2nd Defendant

Procedural Posture

Assessment of Damages Following Judgment on Liability in Fatal Accident / Damages Assessment Hearing (post Liability Judgment)

Legal Issues

  1. 1 Proper measure of loss under Law Administration and Reform (Consolidation) Ordinance (LARCO)
  2. 2 Appropriate percentage of free balance to attribute to estate
  3. 3 Appropriate multipliers for future loss given claimant's age and dependants' ages

Ratio Decidendi

Court accepted the plaintiff's evidence of earnings, savings and family contributions, fixed the free balance at 53% of earnings, applied multiplier 16 for loss to estate under LARCO, awarded specified FAO sums to non-inheriting dependants with individual multipliers, deducted employees' compensation of HK$56,000 as likely payable to employer, awarded interest at specified rates on pre-trial heads, and ordered costs against the defendants.

Court Disposition

Judgment for the plaintiff against both defendants for damages; detailed monetary awards and deductions set out below

Orders

  • LARCO pre-trial loss awarded HK$104,463.00
  • LARCO post-trial loss awarded HK$395,782.80