Hong Kong Case Law: Decisions & Judgments

Topic

Multiplier method

Legal area

Court

18 Jan 2010

GURUNG BHIM BAHADUR v. CHEUNG YING CONSTRUCTION ENGINEERING LTD AND ANOTHER

Citation

GURUNG BHIM BAHADUR v. CHEUNG YING CONSTRUCTION ENGINEERING LTD AND ANOTHER
Court

Court of First Instance
Case number

HCPI746/2005

The court accepted the plaintiff's persistent residual back condition and medical evidence that, despite some opinions of limited function, he could not realistically return to heavy construction work; the court applied the parties' agreed figures and multiplier, credited employees compensation paid, and awarded net damages accordingly.
22 Feb 2006

PUN LAI LING AND ANOTHER v. HONG KONG MASTER INTERNATIONAL LTD

Citation

PUN LAI LING AND ANOTHER v. HONG KONG MASTER INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCPI53/2005

Interlocutory judgment in default of defence entitled plaintiffs to damages; court accepted plaintiff's dependency figures and multipliers (deceased 15, daughter 10, son 13), awarded pre-trial and post-trial dependency sums accordingly, awarded lump sum for loss of accumulation (HK$250,000), statutory bereavement award (HK$150,000) and funeral expenses (HK$17,000), ordered interest as specified, deducted prior payment of HK$30,000 and ordered children's awards paid into court and invested with specified monthly disbursements.
25 Jan 1999

LAM PAK HAY v. MANFELD BUILDING CONTRACTORS LTD AND OTHERS

Citation

LAM PAK HAY v. MANFELD BUILDING CONTRACTORS LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI519/1997

The court rejected the plaintiff's higher daily wage figure as unsupported, accepted the defence witness's evidence on working days but applied a 10% annual notional increase to the deceased's known wage to arrive at a notional daily income of HKD769 and monthly HKD17303; applied an overall multiplier of 12 to assess post-trial dependency; assessed and aggregated FAO and LARCO heads, reduced the subtotal by 30% for agreed apportionment and directed that the employees' compensation payment of HKD530000 be apportioned to the LARCO claim with parties to supply interest on that payment within 14…
23 Sept 1998

WONG CHUN CHIN v. SUN SHING CONSTRUCTION CO (A FIRM) AND ANOTHER

Citation

WONG CHUN CHIN v. SUN SHING CONSTRUCTION CO (A FIRM) AND ANOTHER
Court

Court of First Instance
Case number

HCPI374/1997

Master found the plaintiff suffered a permanent prolapsed disc with nerve compression and scarring placing him within the serious injury category; accepted plaintiff's credibility on medical impairment notwithstanding some exaggeration; fixed PSLA at $530,000 reduced to 82% liability ($434,600); found historic pre-accident earnings $13,200/month and likely current earnings $15,950/month, awarded past and future loss calculations with multiplier 9, awarded modest loss of earning capacity $80,000 (reduced to 82% = $65,600), ordered medical expenses and applied credits and interest, producing a…
26 Sept 1997

CHENG SAM PAK v. THE ATTORNEY GENERAL FOR HONG KONG and Another

Citation

CHENG SAM PAK v. THE ATTORNEY GENERAL FOR HONG KONG and Another
Court

Court of First Instance
Case number

HCPI1184/1996

Court awarded PSLA $500,000 and a global award for future pecuniary loss of $360,000 (calculated $2,000 per month x 12 x multiplier 15), made no award for pre-trial loss of earnings or separate loss of earning capacity, awarded special damages $2,904; sums reduced by 20% per interlocutory judgment resulting in PSLA $400,000, future earnings $288,000 and special damages $2,323; interest and costs order nisi granted as recorded.
9 Oct 1996

TSANG CHIN KEUNG v. LO TAT KONG t/a HUNG KWONG GLASS WORKS and Another

Citation

TSANG CHIN KEUNG v. LO TAT KONG t/a HUNG KWONG GLASS WORKS and Another
Court

Court of First Instance
Case number

HCPI806/1995

The court accepted the plaintiff's factual and medical evidence, held the injury to the upper left hand to be slightly below the serious injury category, applied recent appellate guidance to fix general damages at HKD 365,000, accepted the plaintiff's calculations for past and future loss of earnings using a 14‑year multiplier and awarded special damages; interest and costs were ordered accordingly.
20 Jul 1987

LUK YIU LAM v. LEUNG SAI WA

Citation

LUK YIU LAM v. LEUNG SAI WA
Court

Court of First Instance
Case number

HCA1000/1987

On the evidence the court found the deceased earned $110 per day at death and would have earned $170 per day later, worked 26 days per month, and a multiplier of 16 for lost years and a free‑balance of 45% were appropriate; awarding LARCO damages totalling $386,861.00, FAO dependency to the minor of $31,980.00, offsetting the employee's compensation of $160,000.00, resulting in a net award of $258,841.00 with specified apportionment, payment into court for the minor, and specified interest rates and costs orders.
6 Feb 1987

LAM FONG ON BEHALF OF CHAN YAU MUI v. CHOW PING WING APPOINTED TO ACT FOR THE ESTATE OF CHOW YAU DECEASED FORMERLY TRADING AS YAU KEE CONSTRUCTION CO.

Citation

LAM FONG ON BEHALF OF CHAN YAU MUI v. CHOW PING WING APPOINTED TO ACT FOR THE ESTATE OF CHOW YAU DECEASED FORMERLY TRADING AS YAU KEE CONSTRUCTION CO.
Court

Court of First Instance
Case number

HCA6400/1983

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.
18 Jun 1986

PANG CHING FA AND OTHERS v. LEE CHI KEUNG

Citation

PANG CHING FA AND OTHERS v. LEE CHI KEUNG
Court

Court of First Instance
Case number

HCA8388/1984

The judge resolved the unexplained anomaly in the employment earnings bundle against the plaintiffs, used the lower demonstrable earnings figures for pre-trial loss, adopted overtime rates of 10% pre-trial and 8% post-trial, applied the agreed multiplier of 13, allowed a 65% free balance deduction on pecuniary losses, credited the death gratuity against the calculated retirement benefit, and awarded a total sum with specified interest and costs directions.
20 Jan 1984

YUNG WAI AND OTHERS v. LEE MAN

Citation

YUNG WAI AND OTHERS v. LEE MAN
Court

Court of First Instance
Case number

HCA2353/1983

The court accepted the medical evidence that the accident caused brain injury and epilepsy, placed the case on the borderline of serious injury, fixed general damages at $60,000 then applied a 50% uplift per Li Ping Sum to arrive at $90,000, awarded future loss of $135,000 using a $750 monthly loss and multiplier 15, allowed proved special damages totalling $26,024, and ordered interest and costs accordingly.