Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Effect of post-judgment death on damages
  • 28 Sept 1973

    WONG YIN WAH AND ANOTHER v. HUNG PING WAN AND OTHERS

    Citation
    WONG YIN WAH AND ANOTHER v. HUNG PING WAN AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV6/1973

    The Full Court upheld the trial judge's factual findings that the lorry driver was wholly to blame because the physical evidence (damage to van rear near side, sketch, photographs) supported that finding and there was no persuasive evidence the van's speed was excessive; the court reduced the deceased plaintiff's award to eliminate items rendered otiose by death (remove $8,000 for future operation and reduce epilepsy allowance from $5,580 to $1,500) applying McCann principles, and upheld reduced special nourishment awards because trial judge acted within discretion after rejecting extravagant…