Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Interest on non-economic loss

Legal area

Court

12 Aug 1983

LEE KAI CHEUNG v. YIM TAT KUEN

Citation

LEE KAI CHEUNG v. YIM TAT KUEN
Court

Court of First Instance
Case number

HCA1374/1983

Applying Wong Sai-chuen and related authority the court held that LARCO benefits would exceed any FAO award to the same beneficiaries and therefore no separate FAO award was made; LARCO was calculated by determining the deceased's net income, deducting personal maintenance to find the free balance ($850), adjusting for inflation to $1,105, applying a multiplier of 15 and annualizing to produce $198,900; awarded $15,000 for loss of expectation of life and specified special damages with interest at specified rates.
19 Jul 1983

NG CHAI MAN AND ANOTHER v. LEUNG NGAN

Citation

NG CHAI MAN AND ANOTHER v. LEUNG NGAN
Court

Court of Appeal
Case number

CACV55/1983

The Court held that the Commissioner's factual and discretionary assessments of damages should not be disturbed and, crucially, corrected the Hong Kong guideline on interest for non-economic loss: in light of Wright v. British Railways Board and de Lasala, the appropriate guideline rate of interest on damages for pain, suffering, loss of amenities and loss of expectation of life in personal injury actions is 2%, subject to judicial discretion; the appeal was dismissed and the assessment of damages upheld.