YEUNG WING v. V.S.L. ENGINEERS (HONG KONG) LTD AND ANOTHER

YEUNG WING v. V.S.L. ENGINEERS (HONG KONG) LTD AND ANOTHER

Section 20(1) preserves the deceased's right to claim damages for lost years; section 20(2)(b) excludes only gains or losses to the estate consequent on death that arise independently of the preserved cause of action and does not bar recovery of lost years. Accordingly the estate is entitled to damages for lost years; the conventional award for loss of expectation of life is increased to HKD15000; dependency and lost years calculated using the stated multipliers and conventional 10% surplus for lost years.

Citation
YEUNG WING v. V.S.L. ENGINEERS (HONG KONG) LTD AND ANOTHER
Parties
Plaintiff: YEUNG Wing; 1st Defendant: V.S.L. Engineers (Hong Kong) Limited; 2nd Defendant: Technic Construction Co. Ltd.; Third Party: V.S.L. Engineers (Hong Kong) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 January 1981
Case Number
HCA3072/1979
Procedural Posture
Fatal Accidents / Personal Injury (tort) / Judgment (quantum Assessment After Liability Admitted)
Outcome
Judgment for the plaintiff on quantum: awards under Fatal Accidents Ordinance and Larco granted; lost years recoverable for the estate; apportionment of liability ordered.
Legal Topics
Loss of Expectation of Life, Lost Years, Survival of Causes of Action, Conventional Award, Dependency Multiplier, Assessment of Future Earnings
Source Language
EN
Torts Damages Fatal Accidents Statutory Interpretation Employment / Workplace Safety Loss of Expectation of Life Lost Years Survival of Causes of Action +3 more

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Parties

YEUNG Wing

Plaintiff

V.S.L. Engineers (Hong Kong) Limited

1st Defendant

Technic Construction Co. Ltd.

2nd Defendant

V.S.L. Engineers (Hong Kong) Limited

Third Party

Procedural Posture

Fatal Accidents / Personal Injury (tort) / Judgment (quantum Assessment After Liability Admitted)

Legal Issues

  1. 1 Whether damages for 'lost years' are recoverable by the estate of a deceased plaintiff under section 20 Cap.23
  2. 2 Interpretation of section 20(2)(b) concerning gains or losses to the estate consequent on death
  3. 3 Appropriate conventional award for loss of expectation of life

Ratio Decidendi

Section 20(1) preserves the deceased's right to claim damages for lost years; section 20(2)(b) excludes only gains or losses to the estate consequent on death that arise independently of the preserved cause of action and does not bar recovery of lost years. Accordingly the estate is entitled to damages for lost years; the conventional award for loss of expectation of life is increased to HKD15000; dependency and lost years calculated using the stated multipliers and conventional 10% surplus for lost years.

Court Disposition

Judgment for the plaintiff on quantum: awards under Fatal Accidents Ordinance and Larco granted; lost years recoverable for the estate; apportionment of liability ordered.

Orders

  • Award under Fatal Accidents Ordinance: HKD56640 (with interest at 5% on HKD18240 from date of death to date of trial)
  • Award under Cap.23 for loss of expectation of life: HKD15000