Hong Kong Case Law: Decisions & Judgments

Topic

Multiplier for future dependency

Legal area

Court

20 Nov 2004

LI LAI FUN AND ANOTHER v. LEUNG YIU CHEUNG AND OTHERS

Citation

LI LAI FUN AND ANOTHER v. LEUNG YIU CHEUNG AND OTHERS
Court

Court of First Instance
Case number

HCPI697/2002

Court accepted employer's contemporaneous Form 2 and testimony to find pre-accident monthly earnings $25,000 and notional monthly earnings at trial $17,000; adopted Harris method with 25% deduction for exclusive expenditure; applied multiplier 13 (adjusted for vicissitudes) producing pre-trial dependency $960,750 and future dependency $1,211,250; rejected loss of services claim; awarded $200,000 under LARCO for MPF-derived accumulation (rejecting matrimonial home equity as basis); awarded bereavement $150,000 and special damages $63,068; total judgment $2,585,068 with specified interest and c…
9 Oct 2002

LAW YUET KWAI v. SECRETARY FOR JUSTICE

Citation

LAW YUET KWAI v. SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCPI430/2001

Liability admitted; court adopted a multiplier of 10 for future dependency (producing $728,123 after deduction for pre-trial period), awarded specified sums for bereavement, funeral expenses, pre-trial dependency, loss of accumulation ($500,000) and interest; held that the dependant pension paid to the plaintiff is a benefit accruing as a result of the death and must be disregarded under Fatal Accidents Ordinance s7 (following Pidduck), therefore it is not deductible from the assessed damages; total judgment for plaintiff against defendant $2,257,007.00.
4 Jun 2001

YEUNG YUET MEI v. WONG YAU MING AND ANOTHER

Citation

YEUNG YUET MEI v. WONG YAU MING AND ANOTHER
Court

Court of First Instance
Case number

HCPI77/1998

The court accepted that the deceased's death resulted from negligent assembly/maintenance of the machine and that the 1st defendant was liable (admitted); it accepted the plaintiff's dependency calculations using 10% p.a. income growth to 1998 and a multiplier of 14 for future dependency, awarded specific sums for accrued and future dependency, bereavement, loss of accumulation and funeral expenses, granted interest on specified amounts and ordered costs against the 1st defendant; action against the 2nd defendant was stayed with liberty to restore.

Hong Kong Case Law

LI LAI FUN AND ANOTHER v. LEUNG YIU CHEUNG AND OTHERS

LAW YUET KWAI v. SECRETARY FOR JUSTICE

YEUNG YUET MEI v. WONG YAU MING AND ANOTHER