24 Jul 2012
The interim payment application must be stayed because the fundamental question whether the estate is governed by intestacy (administration) or by a will is unresolved in the pending Probate Action; that determination affects entitlement and the proper defendant, so the Probate Action must be decided first.
8 Mar 2000
Because the alleged spouse cooperated, affirmed she was not a dependant and disclaimed any present or future claims, and the evidence showed the risk of further dependants coming forward was negligible, the summons seeking further protective relief was dismissed.
6 Feb 1987
Damages assessed using a 6-year multiplier with median monthly earnings HKD 5,825 and a free balance of 48% (HKD 2,796) producing loss of earnings HKD 201,312; loss of expectation HKD 20,000; funeral HKD 6,955, totalling HKD 228,267 under LARCO; FAO claims of widow and daughter merge with higher LARCO shares; credit HKD 59,000 for workers' compensation; net balance HKD 169,267; interest awarded at specified rates and costs to be taxed and paid by defendant.
27 Mar 1986
Court accepted plaintiff's documentary and oral evidence to fix gross monthly income at HK$10,630, deducted proven business and personal expenses to arrive at a free balance of HK$3,640 per month, applied the agreed multiplier of 15 and conventional HK$20,000 for loss of expectation of life, assessed specified pre-trial and post-trial losses accordingly, allowed reasonable funeral expenses, awarded interest at stated rates and ordered costs to the plaintiff to be taxed.
12 Jul 1985
The Court held the trial judge was entitled to treat 26 days per month as the working average because the appellant had effectively conceded that figure in submissions, and in the absence of any reliable evidence of personal expenses beyond rent the judge was justified in treating the notional 10% savings as the sole evidence of the 'free balance'; the court must not speculate or substitute its own estimation where evidence is lacking. The appeal was dismissed.
3 Feb 1981
Given the prolonged separation, lack of maintenance for many years, the small size of the deceased's estate and evidence suggesting third‑party contributions to the purchase of the flat, the court held the nil provision in the will was not unreasonable and dismissed the plaintiff's application.
11 Aug 1979
The court accepted that the deceased earned on average $2,000 per month, deducted $1,225 per month for mortgage contributions and subsistence, adopted a multiplier of 15, and assessed damages under the Fatal Accidents Ordinance at $220,500; the conventional statutory award of $10,000 merges with that sum; funeral expenses of $6,036.20 were allowed; interest was awarded at 4% on special damages from the date of the accident and at 7% on general damages from service of the writ; $55,125 of the general damages is to be paid into Court and invested for the two children with specified allocations;…
15 Dec 1977
Court found defendant negligent and causally responsible for the death; assessed dependency using a multiplicand of $800/month and multiplier of eight (adjusted to a lump sum), awarded $75,000 under the Fatal Accidents Ordinance; awarded special damages (funeral $4,000; watch $195; spectacles $65; clothing $40) totaling $4,300; ordered judgment for plaintiff for $79,300 and one day's costs.
11 Mar 1974
Applicant was a partial dependant only; the court found the deceased's net contribution to the family fund to be $250/month for four years then $125/month thereafter, assumed an eight‑year compensable period, and awarded a lump sum commutation of HKD 18,000 to the class represented by the Applicant, with costs to the Applicant (quantum reserved).