Read the full judgment text of HCPI 000519/1997 on BabelCite. This High Court CFI judgment was delivered on 25 January 1999 before Master Lok.
Personal injury – fatal industrial accident – assessment of damages – Fatal Accidents Ordinance, Cap 22 – Law Amendment and Reform (Consolidation) Ordinance, Cap 23 – marble sheets fell on marble worker at construction site in Sham Tseng, New Territories on 27 June 1994 causing death – deceased aged 34, born 15 August 1959, employed as marble worker earning $13,000 per month – deceased supported father Lam Deed-hoi (aged 64), mother Chan Shu-ling, brother Lam Kiu-chin (aged 29), sister Lam Pak-sai (aged 32), and two nephews Lam Siu-ming and Lam Siu-yuen in Mainland – Writ filed 29 April 1997 – interlocutory judgment on 70% liability basis entered by consent on 12 June 1998 – calculation of Notional Income for loss of dependency – court rejects Plaintiff's $862 per day claim based on Government Statistics and handwritten Union Statistics – court accepts 10% notional annual increase approach yielding daily Notional Income of $769 and monthly Notional Income of $17,303 (22.5 working days per month) – whether contributions to sister would continue after her marriage – court allows one further year of loss of dependency for sister Lam Pak-sai – appropriate multiplier for post-trial loss of dependency after considering Ho Wun-chau v Chan Chuk-mui PI 595/1995, Mak Yiu-keung (1995) HKLJ 423, Kwan Wing-sang (1997) HKLJ 436, Kwan Yau-tai v Eng Kong Container Services PI 1238/1996, and Ho Pang-lin v Ho Shui-on [1994] 3 HKC 294 – overall multiplier of 12 adopted following the blended approach in Ho Pang-lin – loss of accumulation of wealth assessed at 10% of income by agreement between parties – pre-trial loss of dependency $221,625 and post-trial loss of dependency $411,120 – damages for bereavement fixed at statutory sum of $70,000 – pre-trial loss of accumulation of wealth $81,818 and post-trial loss of accumulation of wealth $197,254 – funeral expenses $6,000 and loss of personal properties $500 – total assessment $988,317 reduced by 30% contributory negligence to $691,822 and further reduced by EC payment of $530,000 and interest – all damages apportioned to the LARCO claim – interest on pre-trial loss of dependency and special damages at $6.54 p.a. – interest on bereavement damages at the prevailing suitors' funds rate – Plaintiff to have costs of assessment taxed if not agreed and own costs taxed in accordance with the Legal Aid Regulations – order nisi to be made absolute after 14 days from handing down.
Legal issues: Method for calculating the deceased's notional income for loss of dependency · Appropriate multiplier for post-trial loss of dependency · Continuation of contributions to the sister after her marriage
Outcome: Assessment of damages in favour of the Plaintiff totalling $988,317, reduced by 30% on account of the 70% liability basis to $691,822, to be further reduced by the EC payment of $530,000 and interest; all damages apportioned to the claim under the LARCO.