Hong Kong Case Law: Decisions & Judgments

Topic

Merger of awards

Legal area

Court

28 Dec 1990

CHENG SHIU LING AND ANOTHER v. HUI WAI HUNG AND ANOTHER

Citation

CHENG SHIU LING AND ANOTHER v. HUI WAI HUNG AND ANOTHER
Court

Court of First Instance
Case number

HCA6719/1988

Assessing admissible evidence and established principles the court awarded agreed LARCO figures (including $30,000 for loss of expectation and $403,170 lost years less agreed funeral items), accepted $200/month remittances to China relatives as basis for dependency awards, found deceased provided full-time domestic and childcare services warranting full-time amah valuation with multiplier 9, awarded Mehmet-type personal attention sums, and held FAO dependency awards must be abated by beneficiaries' interests in the estate (merger), resulting in reduced FAO awards; interest fixed at 5% per ann…
12 Jan 1990

KWAN CHING TONG HERBERT AND OTHERS v. LUK LAI KAM AND ANOTHER

Citation

KWAN CHING TONG HERBERT AND OTHERS v. LUK LAI KAM AND ANOTHER
Court

Court of First Instance
Case number

HCA5325/1988

Psychological injury not awarded because not specially pleaded and lacking psychiatric expert evidence; objective scarring awarded separately ($20,000) in addition to general pain and suffering; Singapore funeral repatriation costs disallowed as unreasonable except items that would have been incurred in Hong Kong; LARCO lost years awarded on deceased's part-time teaching earnings with multiplier (total HK$441,120); FAO dependency for loss of services (chauffeur, maid, tutoring and care) awarded (total HK$372,676) and not set off against LARCO because the services had pecuniary value independe…
17 Jun 1987

NG YAT YING v. LAM MING KWAN AND OTHERS

Citation

NG YAT YING v. LAM MING KWAN AND OTHERS
Court

Court of First Instance
Case number

HCA2496/1977

Master Boa made quantified awards based on the accepted evidence and judicial evaluation: child P.S.L.A. $65,000 plus special damages $3,205; father P.S.L.A. $50,000, past loss of earnings $146,766.55, loss of earning capacity $10,000, loss of consortium $2,000 and special damages $6,390; deceased L.A.R.C.O. pre-trial lost years $211,400 and future lost years $102,500 plus agreed funeral and other special damages totalling $370,400; agreed F.A.O. dependency figures were assessed but merged where L.A.R.C.O. was greater; interest awarded at 2% p.a. on general damages from date of writ to 30.6.1…
4 Apr 1985

HUI SEE HO AND OTHERS v. POON CHI PING AND ANOTHER

Citation

HUI SEE HO AND OTHERS v. POON CHI PING AND ANOTHER
Court

Court of First Instance
Case number

HCA5370/1979

Master accepted plaintiff evidence on earnings and contributions, quantified pre-trial and post-trial losses by calculating monthly free balances and applying appropriate multipliers, awarded specified sums under LARCO and FAO, and ordered merger of estate shares into FAO awards according to intestacy entitlements; interest and costs were fixed as set out.
21 Mar 1983

ZEE PETER AND TUNG BEAN v. YAU YAT SHING AND ANOTHER

Citation

ZEE PETER AND TUNG BEAN v. YAU YAT SHING AND ANOTHER
Court

Court of First Instance
Case number

HCA8977/1981

The court found the first defendant negligent for excessive speed and failure to control his vehicle approaching a known flooded hazard; the deceased was contributorily negligent in parking close to and standing near the flooded area and his conduct contributed one third to the damage and his fatal injuries; consequentially damages were apportioned two thirds to defendants and one third to deceased; LARCO damages for lost earnings were assessed using a 15‑year multiplier with 55% allowed for personal expenses (45% available to estate), FAO award to parents merged into larger LARCO award and o…

Hong Kong Case Law

CHENG SHIU LING AND ANOTHER v. HUI WAI HUNG AND ANOTHER

KWAN CHING TONG HERBERT AND OTHERS v. LUK LAI KAM AND ANOTHER

NG YAT YING v. LAM MING KWAN AND OTHERS

HUI SEE HO AND OTHERS v. POON CHI PING AND ANOTHER

ZEE PETER AND TUNG BEAN v. YAU YAT SHING AND ANOTHER