Chiu Sui Ching, The Administrator of the Estate of Leung Ho Tin, Deceased v. Cheng Kwai Hung t/a Hang Nagi Works and Others

HCPI 939/2017

[2022] HKCFI 3429

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES ACTION NO. 939 OF 2017

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BETWEEN

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CORRIGENDUM

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Please note the following amendments in the Judgment dated 11 November 2022: -

1.   Page 1, line R, “Date of Hearing: 24-26 and 28 October 2021” should read “Dates of Hearing: 24-26 March and 28 April 2021”.

2.   Page 14, paragraph 21, line I, “The Mother …… was therefore 59 years old at the time of the Assessment Hearing ……” should read “The Mother …… was therefore 58½ years old at the time of the Assessment Hearing ……”.

3.   Page 115, paragraph 164, line R, “…… under the released the CLI Policy ……” should read “…… under the released CLI Policy ……”.

4.   Page 132, paragraph 176(c), line C, “…… that the Mother she would not be able to work ……” should read “…… that the Mother would not be able to work ……”.

5.   Page 148, paragraph 196(d), line G, “According to the Mother Wtmt, ……” should read “According to the Mother WStmt, ……”.

6.   Page 184, paragraph 250, line L, “…… notwithstanding such donations and life insurance policy ……” should read “…… notwithstanding such donations and life insurance policy(ies)  ……”.

7.   Page 194, paragraph 267, line F, “…… and that of comparable G ($1,000)  ……” should read “…… and that of comparable F ($1,000)  ……”.

8.   Page 195, paragraph 268, line K, “…… would have been $1,200 x 1.6 days = $1,920 per month” should read “…… would have been $1,000 x 1.6 days = $1,600 per month”.

9.   Page 208, paragraph 287, line A, “…… at 75% of the deceased notional earnings ……” should read “…… at 75% of the deceased’s notional earnings ……”.

10.   Page 246, paragraph 334, lines H-K, “…… the Mother’s loss of dependency from September 2014 to October 2021 (86 months)  would be $1,500 x 86 months = $129,000, …… totalling $163,500” should read “…… the Mother’s loss of dependency from September 2014 to March/April 2021 (79 months)  would be $1,500 x 79 months = $118,500 …… totalling $153,000”.

11.   Pages 246-247, paragraph 335, lines N-R and A-B, “…… the Deceased would have been …… 31 years old by the time of the Assessment Hearing …… the Mother was 58 years old by 20 September 2020 having been born 10 July 1962 and would be expected to live for another 32 years (or 59 years by the time of the Assessment Hearing, and hence her life expectancy was about 30.99 years¹⁰⁴)” should read “…… the Deceased would have been …… 30½ years old by the time of the Assessment Hearing …… the Mother was 58 years old by 20 September 2020 having been born on 10 July 1962 and would be expected to live for another 32 years (or 58½ years by the time of the Assessment Hearing, and hence her life expectancy was about 30.99 years¹⁰⁴ according to Mr Sakhrani or about 31.32 years according Mr Chong, but rounded to 31 years)”.

12.   Page 253, paragraph 350, line E, “The Mother’s life expectancy was another 30.99 years ……” should read “The Mother’s life expectancy was another 31 years ……”.

13.   Page 266, paragraph 370, line S, “…… the Deceased would have been 31 years old at the time of the Assessment Hearing ……” should read “…… the Deceased would have been 30½ years old at the time of the Assessment Hearing ……”.

14.   Page 269, paragraph 371(b), line C, “As Bharwaney said ……” should read “As Bharwaney J said ……”.

15.   Page 284, paragraph 389, line P, “The Deceased’s post-trial working life from October 2021 to his notional retirement at 65 years in September 2055 covered 34 years ……” should read “The Deceased’s post-trial working life after March/April 2021 to his notional retirement at 65 years in September 2055 covered 34.5 years ……”.

16.   Page 285, paragraph 389, line B, “…… the Mother who had a life expectancy of 30.99 years in the post-trial period ……” should read “…… the Mother who had a life expectancy of 31 years in the post-trial period ……”.

17.   Page 285, paragraph 389, line M, “…… notional savings for the post-trial period up to age 60 years of $21,600/month x 10% x 12 months x (34 years – 5 years)  = $751,680 ……” should read “…… notional savings for the post-trial period up to age 60 years of $21,600/month x 10% x 12 months x (34.5 years – 5 years)  = $764,640 ……”

18.   Page 286, paragraph 389, line B, “…… The above would have produced notional personal savings of $751,680 + $115,200 = $866,880” should read “…… The above would have produced notional personal savings of $764,640 + $115,200 = $879,840”.

19.   Page 288, paragraph 391, lines C-H, “…… The notional employee’s and employer’s MPF contributions for the pre-trial period of 86 months …… were $15,592.08/month x 5% x 2 x 86 months = $134,091.89. The notional employee’s and employer’s MPF contributions for the post-trial period of 34 years …… would have been [$21,600/month x 91.4% x 5% x 12 months x (34 years – 5 years)  x 2] + [$18,000/month x 91.4% x 5% x 12 months x 5 years x 2] = $785,747.52. Thus, the total notional accumulated wealth as at natural retirement (and not accumulated wealth at natural death)  would have been $866,880 + $785,747.52 = $1,652,627.52 ……” should read “…… The notional employee’s and employer’s MPF contributions for the pre-trial period of 79 months …… were $15,592.08/month x 5% x 2 x 79 months = $123,177.43. The notional employee’s and employer’s MPF contributions for the post-trial period of 34.5 years …… would have been [$21,600/month x 91.4% x 5% x 12 months x (34.5 years – 5 years)  x 2] + [$18,000/month x 91.4% x 5% x 12 months x 5 years x 2] = $797,592.96. Thus, the total notional accumulated wealth as at natural retirement (and not accumulated wealth at natural death)  would have been $879,840 + $797,592.96 = $1,677,432.96 ……”.

20.   Page 291, paragraph 395, lines C-K, “This would have given the Deceased’s post-retirement expenses at $8,000/month or $8,000/month x 12 months = $96,000/year, or annual reduction of $96,000 ÷ $1,652,627.52 = 5.8%pa …… the Deceased’s savings would have a net reduction of 5.8% - 2.5% = 3.3%pa, or $1,652,627.52 x 3.3% = $54,536.71/year for the initial post-retirement year. Given that the Deceased’s notional retirement age would be 65 years and natural death would be 83.2 years (31 years (at date of death)  + 52.2 years (life expectancy)  – see paragraph 370 above), his post-retirement years would have spanned 83.2 years – 65 years = 18.2 years” should read “This would have given the Deceased’s post-retirement expenses at $8,000/month or $8,000/month x 12 months = $96,000/year, or annual reduction of $96,000 ÷ $1,677,432.96 = 5.7%pa …… the Deceased’s savings would have a net reduction of 5.7% - 2.5% = 3.2%pa, or $1,677,432.96 x 3.2% = $53,677.85/year for the initial post-retirement year. Given that the Deceased’s notional retirement age would be 65 years and natural death would be 82.7 years (30½ years (at date of the Assessment Hearing)  + 52.2 years (life expectancy)  – see paragraph 370 above), his post-retirement years would have spanned 82.7 years – 65 years = 17.7 years”.

21.   Page 291-292, paragraph 396, lines P-S and A, “…… the accumulated savings were $1,514,617 (slightly less than the accumulated savings of $1,652,627.52 in the present case), (b)  the net percentage reduction was 3.5% (slightly more than 3.3% in the present case), and (c)  the retirement years were 12.5 years (less than 18.2 years in the present case)  ……” should read “…… the accumulated savings were $1,514,617 (slightly less than the accumulated savings of $1,677,432.96 in the present case), (b)  the net percentage reduction was 3.5% (slightly more than 3.2% in the present case), and (c)  the retirement years were 12.5 years (less than 17.7 years in the present case)  ……”.

22.   Page 292, paragraph 396, lines E-H, “…… A rough reduction of 45% …… of the Deceased’s notional savings of $1,652,627.52 would have given accumulated wealth at $1,652,627.52 x (100% - 45%)  = $908,945.14 ……” should read “…… A rough reduction of 45% …… of the Deceased’s notional savings of $1,677,432.96 would have given accumulated wealth at $1,677,432.96 x (100% - 45%)  = $922,588.13 ……”.

23.   Page 292, paragraph 397, line M, “…… (using as as a rough and ready guide $908,945.14 x 27.6% = $250,868.86)  ……” should read “…… (using as a rough and ready guide $922,588.13 x 27.6% = $254,634.32)  ……”.

24.   Page 303, paragraph 405, lines D-N, “I have found in paragraph 391 above that the Deceased’s notional personal savings plus MPF contributions at the time of natural retirement would have been $1,652,627.52. …… a substantial part of it would have been depleted in the notional post-retirement period of 18.2 years …… This would have translated into annual reduction of 5.8% of the accumulated personal savings, and a net annual reduction of 3.3% after taking into account the 2.5% rate of return …… I set out in the Schedule my calculations to show the value of the accumulated fund at natural death to be $897,378.50 …… Applying such discount factor to the notional accumulated fund at the time of natural death would produce the sum of $897,378.50 x 27.6% = $247,676.47 as shown in the Schedule” should read “I have found in paragraph 391 above that the Deceased’s notional personal savings plus MPF contributions at the time of natural retirement would have been $1,677,432.96 …… a substantial part of it would have been depleted in the notional post-retirement period of 17.7 years …… This would have translated into annual reduction of 5.7% of the accumulated personal savings, and a net annual reduction of 3.2% after taking into account the 2.5% rate of return …… I set out in the Schedule my calculations to show the value of the accumulated fund at natural death to be $943,381.69 …… Applying such discount factor to the notional accumulated fund at the time of natural death would produce the sum of $943,381.69 x 27.6% = $260,373.35 as shown in the Schedule”.

25.   Page 304, paragraph 407, lines H-I, “…… throughout the pre-trial period (86 months from September 2014 to October 2021 ……)  and the post-trial period (34 years ……)  ……” should read “…… throughout the pre-trial period (79 months from September 2014 to March/April 2021 ……)  and the post-trial period (34.5 years ……)  ……”.

26.   Page 304, paragraph 407, lines M-R, “…… (ii)  his accumulated savings and employer’s/employee’s MPF contributions for the pre-trial period would have been ($17,059.17/month x 10% x 86 months)  + $134,091.89 (see paragraph 391 above)  = $280,800.75, (iii)  his accumulated savings and employer’s/employee’s MPF contributions for the post-trial period would have been ($21,600/month x 10% x 12 months x 34 years)  + $785,747.52 (see paragraph 391 above)  = $1,667,027.52, and (iv)  his total notional savings at natural retirement would have been $280,800.75 + $1,667,027.52 = $1,947,828.27 ……” should read “…… (ii)  his accumulated savings and employer’s/employee’s MPF contributions for the pre-trial period would have been ($17,059.17/month x 10% x 79 months)  + $123,177.43 (see paragraph 391 above)  = $257,944.87, (iii)  his accumulated savings and employer’s/employee’s MPF contributions for the post-trial period would have been ($21,600/month x 10% x 12 months x 34.5 years)  + $797,592.96 (see paragraph 391 above)  = $1,691,832.96, and (iv)  his total notional savings at natural retirement would have been $257,944.87 + $1,691,832.96 = $1,949,777.83 ……”.

27.   Page 306, paragraph 409, line L, “…… I am prepared to award $250,000 under this head ……” should read “…… I am prepared to award $265,000 under this head ……”.

28.   Page 308, paragraph 414, lines G-N,

“Description	HK$
Pre-trial loss of dependency	163,500.00
Post-trial loss of dependency	519,840.00
Loss of accumulation of wealth	250,000.00
Funeral expenses	66,463.70
Bereavement	150,000.00
Interest (subject to paragraphs 416-417 below):
(a)  on pre-trial loss of dependency	6,997.80
(b)  on funeral expenses	31,461.53
(c)  on bereavement	98,040.00
	1,286,303.03
Less EC Sum received	(1,070,038.00)
Total:	216,265.03”

should read

“Description	HK$
Pre-trial loss of dependency	153,000.00
Post-trial loss of dependency	519,840.00
Loss of accumulation of wealth	265,000.00
Funeral expenses	66,463.70
Bereavement	150,000.00
Interest (subject to paragraphs 416-417 below):
(a)  on pre-trial loss of dependency	6,548.40
(b)  on funeral expenses	31,461.53
(c)  on bereavement	98,040.00
	1,290,353.63
Less EC Sum received	(1,070,038.00)
Total:	220,315.63”

29.   Page 309, paragraph 415(c), line J, “…… ie $163,500 x 4%pa x 1.07 years = $6,997.80” should read “…… ie $153,000 x 4%pa x 1.07 years = $6,548.40”.

30.   Page 310, paragraph 418, line Q, “…… I grant judgment in the sum of $216,265.03 in favour of P ……” should read “…… I grant judgment in the sum of $220,315.63 in favour of P ……”.

31.   Page 313, Schedule, lines A-U set out in Annex 1 to this Corrigendum should read as the Schedule set out in Annex 2 to this Corrigendum.

Annex 1

“Schedule

Net accumulation of wealth 1,652,627.52* (1-3.3%)  ^ 18.2			897,378.50[1]
Annual expenses (HK$)	96,000
Expenses percentage	5.8%
Net percentage reduction in savings	3.3%
Rate of return	2.5%
Year	Start of year savings	Net reduction in savings	End of year balance
1	1,652,627.52	54,536.71	1,598,090.81
2	1,598,090.81	52,737.00	1,545,353.81
3	1,545,353.81	50,996.68	1,494,357.13
4	1,494,357.13	49,313.79	1,445,043.34
5	1,445,043.34	47,686.43	1,397,356.91
6	1,397,356.91	46,112.78	1,351,244.13
7	1,351,244.13	44,591.06	1,306,653.07
8	1,306,653.07	43,119.55	1,263,533.52
9	1,263,533.52	41,696.61	1,221,836.91
10	1,221,836.91	40,320.62	1,181,516.29
11	1,181,516.29	38,990.04	1,142,526.25
12	1,142,526.25	37,703.37	1,104,822.88
13	1,104,822.88	36,459.16	1,068,363.72
14	1,068,363.72	35,256.00	1,033,107.72
15	1,033,107.72	34,092.55	999,015.17
16	999,015.17	32,967.50	966,047.67
17	966,047.67	31,879.57	934,168.10
18	934,168.10	30,827.55	903,340.55
19	903,340.55	29,810.24	873,530.31
Discount for accelerated receipt	27.6%
Total loss of accumulation of wealth	247,676.47

Annex 2

“Schedule

Net accumulation of wealth 1,677,432.96* (1-3.2%)  ^ 17.7			943,276.46[2]
Annual expenses (HK$)	96,000
Expenses percentage	5.7%
Net percentage reduction in savings	3.2%
Rate of return	2.5%
Year	Start of year savings	Net reduction in savings	End of year balance
1	1,677,432.96	53,677.85	1,623,755.11
2	1.623,755.11	51,960.16	1,571,794.94
3	1,571,794.94	50,297.44	1,521,497.50
4	1,521,497.50	48,687.92	1,472.809.58
5	1,472,809.58	47,129.91	1,425,679.68
6	1,425,679.68	45,621.75	1,380,057.93
7	1,380,057.93	44,161.85	1,335,896.07
8	1,335,896.07	42,748.67	1,293,147.40
9	1,293,147.40	41,380.72	1,251,766.68
10	1,251,766.68	40,056.53	1,211,710.15
11	1,211,710.15	38,774.72	1,172,935.42
12	1,172,935.42	37,533.93	1,135,401.49
13	1,135,401.49	36,332.85	1,099,068.64
14	1,099,068.64	35,170.20	1,063,898.45
15	1,063,898.45	34,044.75	1,029,853.70
16	1,029,853.70	32,955.32	996,898.38
17	996,898.38	31,900.75	964,997.63
18	964,997.63	30,879.92	934,117.71
Discount for accelerated receipt	27.6%
Total loss of accumulation of wealth	260,373.35