Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Assessment of dependency and quantum

Legal area

Court

10 Jul 1979

CHEUNG MEI NOR AND ANOTHER v. MAK KAU AND ANOTHER

Citation

CHEUNG MEI NOR AND ANOTHER v. MAK KAU AND ANOTHER
Court

Court of First Instance
Case number

HCA4455/1978

Because evidence of the deceased's precise age and exact contribution level was vague and unverified, the court resolved uncertainties against the plaintiffs, adopted a multiplicand of HKD 500 per month and a multiplier of 6 (on an assumed age of 63), awarded general damages of HKD 36,000, refused to apply the 'lost years' principle from Pickett to a Fatal Accidents claim, ordered the conventional Cap.23 award of HKD 10,000 to merge, allowed special damages for funeral expenses of HKD 6,000, awarded interest (7% p.a. on general from service of the writ; 4% p.a. on special from date of acciden…
17 Sept 1969

WONG WAI CHUN v. THE CHINA NAVIGATION CO LTD

Citation

WONG WAI CHUN v. THE CHINA NAVIGATION CO LTD
Court

Court of Appeal
Case number

CACV3/1969

Appeal dismissed. Court held volenti did not apply because the deceased did not voluntarily and unreasonably assume the risk; defendants failed to prove they took reasonable steps to bring the exemption clause to the deceased's notice so the clause was not incorporated; small estate left by deceased did not justify deduction from awarded damages; the damages award (multiplier 16, dependency assessment) was not excessive on the facts and was affirmed.