Read the full judgment text of HCA 003910/1981 on BabelCite. This High Court CFI judgment was delivered on 15 November 1985 before Master P.H. O'Donnell.
Tort – fatal motor accident – assessment of damages – Fatal Accidents Ordinance (FAO) – Law Amendment and Reform (Consolidation) Ordinance (LARCO) – deceased aged 26 killed in road accident on Tuen Mun Road on 21 June 1978 – widow and two infant daughters as dependants – deceased also supported his own parents and his wife's parents – liability agreed at 50% against driver and vehicle owner – LARCO claim struck out as statute-barred leaving FAO dependency claim only – pre-assessment mean monthly earnings $3,779 – agreed multiplier of 16 years for widow and children – disputed personal expenses of deceased assessed at $400 per month at death and $800 per month at assessment – no separate notional multiplier for parents who were still alive at assessment – special damages for funeral expenses limited to $8,000 – apportionment among widow, two daughters, father-in-law, mother-in-law, deceased's father and mother – whether special reasons under s.48(4) of the Supreme Court Ordinance to reduce interest for delay – reliance on Jefford and Another v. Gee [1970] 2 Q.B. 151 – gross delay in prosecution caused LARCO claim to be struck out and inflated FAO dependency – interest on pre-assessment loss of earnings and special damages reduced to 3% from date of accident to assessment; no interest on post-assessment loss of earnings – total gross damages $592,244 – halved to $296,122 for 50% contributory negligence – less $60,000 worker's compensation already paid – final damages $236,122 – costs to 1st Plaintiff with certificate for counsel; costs taxed under Legal Aid Regulations.
Legal issues: Deceased's personal expenses for dependency calculation · Multiplier for parents' dependency claims · Funeral expenses as special damages · Reduction of interest under s.48(4) of the Supreme Court Ordinance for delay
Outcome: Assessment of damages in favour of the 1st Plaintiff at 50% of the dependency claim, reduced for contributory negligence and worker's compensation already paid, with a reduced rate of interest on account of delay.