Woo Shui King v. Lee Man Chi and Another
Read the full judgment text of HCA 928/1976 on BabelCite. This High Court CFI judgment.
1. On 22nd June, 1974 the deceased was a passenger in a car driven by the first defendant along Hiram's Highway. The vehicle whilst in the course of overtaking three buses travelling in the same direction had to swerve suddenly to avoid a head-on collision and as a result went out of control and plunged down a steep cliff. The deceased received serious injuries which resulted in her death the same day.
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HCA000928/1976
IN THE SUPREME COURT OF HONG KONG HIGH COURT -----------------
----------------- Coram: Mr. Registrar O'Dea in Chambers. Date of Judgment: 7th June 1977. Mr. A.R. Suffiad instructed by Messrs. Peter Mo & Co. for Plaintiff. Mr. Wesley Wong instructed by Messrs. Vincent Lo & Co. for Defendant. ----------------- DECISION ----------------- 1. On 22nd June, 1974 the deceased was a passenger in a car driven by the first defendant along Hiram's Highway. The vehicle whilst in the course of overtaking three buses travelling in the same direction had to swerve suddenly to avoid a head-on collision and as a result went out of control and plunged down a steep cliff. The deceased received serious injuries which resulted in her death the same day. 2. Interlocutory judgment was entered in favour of the plaintiff against both defendants on the 9th March 1977 with damages to be assessed. 3. Damages were claimed under the Fatal Accidents Ordinance on behalf of the plaintiff, who is the mother of the deceased, now aged 42 and the deceased's father who is aged 50. 4. At the time of her death the deceased was aged 21 years and she was single. She was employed in a firm operated by her mother earning $940 p.m. 5. Prior to her death the deceased contributed a part of her earnings to her parents. Evidence was given that the deceased had arranged to travel to Japan the day after her death to take up employment and undergo a course of study. The terms of her employment in Japan were set out in certain letters which have been produced in evidence. These can be summarised as follows:-
6. I am satisfied that the deceased's parents could have expected their daughter to continue to remit part of her earnings towards their maintenance while she was in Japan. In assessing what this contribution would have been I have taken into account that her earnings over the first four years would be in the vicinity of $850.00 per month. She would have clothing and entertainment expenses to meet out of this and as she had expressed an interest in travelling within Japan during her study this would further deplete the amount available to remit to her parents. I accept that her income should have improved substantially within about four years of her arrival in Japan and the contribution to her family would correspondingly increase. After considering all these factors I would assess the loss of dependency at $300 per month. 7. In determining the appropriate multiplier to adopt I was urged by Mr. Suffiad to consider the decision of the Court of Appeal in Yeung On v. Lung Chun Ming 1963 H.K.L.R. p.572 where the deceased girl was aged 21 at the date of her death. In the course of his judgment Huggins J. said:-
8. Mr. Wong, for the defendants referred me to "Dolbey v. Goodwin" 1955 2 AER at P.166 where the Court of Appeal commented on the need to give sufficient weight to the probability of marriage and the consequent reduction of contribution. 9. The deceased in this case was a very normal healthy girl who, at the age of 21, did attend parties and other entertainments with boy friends but had displayed no immediate intention to get married. She was obviously interested in persuing her career and would have been expected to stay in Japan for at least 5 years. 10. These matters can only be decided on the strongest probabilities arising from the evidence before the Court but in this case I am satisfied that the appropriate multiplier is 8. General damages are accordingly assessed at $28,800 ($300 x 12 x 8). 11. I assess damages under the Law Amendment and Reform (Consolidation) Ordinance in the sum of $10,000, which will merge with damages under the Fatal Accidents Ordinance. 12. The following special damages are agreed:-
13. The issue of proportioning the general damages between the deceased's parents has not been raised but if some ruling were required I would think that each dependant should get half. 14. Interest is awarded on the special damages at the rate of 4% p.a. from 22nd June 1974 and on the general damages at 8% from the date of the service of the writ, namely, 12th May 1976. 15. The plaintiff is awarded costs including a certificate for counsel on this assessment. 16. Dated this 7th Day of June 1977
Representation: Mr. A.R. Suffiad instructed by Messrs. Peter Mo & Co. for Plaintiff. Mr. Wesley Wong instructed by Messrs. Vincent Lo & Co. for Defendant. |