|
HCA010239/1982
IN THE SUPRSME COURT OF HONG KONG
HIGH COURT
BETWEEN
|
WONG KWAN, the lawful administrator of the estate of Wong Sing Kau, deceased |
1st Plaintiff |
|
CHEUNG FUNG, the lawful administratrix to the estate of Fung Chun, deceased |
2nd Plaintiff |
|
AND
|
|
|
LUI WING |
1st Defendant |
|
KWONG CHEUK KAI |
2nd Defendant |
Coram: Master Emerson in Chambers
Date: 24 June 1983
______________________________________
AS TO THE 1ST PLAINTIFF' S ASSESSMENT
______________________________________
1. The Deceased WONG SING KAU was aged 22 when he was killed in a motor car accident on the 19th April 1980.
2. The Writ was issued on the 30th October 1982 and served on the 1st Defendant on 7.12.82.
3. There is no defence filed and an interlocutory judgment was taken on the 1st March 1983 (replaced by a later interlocutory judgment on the 5th May 1983).
4. The deceased died intestate and unmarried and his dependants under the Fatal Accidents Ordinance (FAO) are his father, mother and 6 siblings. Any award under FAO would be over reached by the Law Amendment Reform Consolidation Ordinance (LARCO) claim.
5. Evidence was given before me that prior to his death WONG Sing-kau was employed as a metal worker and earned $3,000 per month. He contributed HK$1,200 per month to his family.
6. There was no evidence of future earnings possibilities and no evidence of when if at all the deceased would marry.
The LARCO Award for "lost years"
7. To calculate the LARCO award the Court must take the deceased's income and deduct from it living expenses to obtain a free balance. [The Personal Representatives of the Estate of WONG Sai-chuen deceased. 1981 No. 133 Civil [Supreme Court Library Folio 27] Following Gammell v Wilson 1981 W.L.R. 248].
8. I am satisfied that the deceased's income would have increased. There is an element of speculation. Contributions to the family would increase with the deceased's income.
9. I calculate the correct assessment of free balance here as $1,800 per month.
10. Since 1980 - there has been a 30% inflation. Thus multiplying 1,800 x (30/100) gives $540. The increase in wages of the deceased had he lived; through inflation. Giving a present free balance of $1,800 + 540 = a multiplicand of $2,340 [authority for this approach is found in the volume of 1983. Registrars decision No. 4 of master Hansen]
11. I take a multiplier of 15 here. [This would have been 18 but I later allow loss of income to the date of assessment covering three years. Thus 2,340 x 12 x 15 = $421,200
12. Interest: is allowable on the LARCO lost years award from the date of service of the Writ to today - but only on that proportion allocatable to the pre-trial period:-
13. Thus pre-trial = (3/15) x 421,200 which bears interest at 7½% (half economic rate) for the period 7.12.82 to today.
14. The balance of the lost years award (12/15) bears no interest other than under statutory provisions applicable to unpaid judgment debts.
15. Also under LARCO: -
16. The funeral expenses are allowed at HK$550.45 and carry interest at 5½% p.a. from the date of the accident until today.
17. Again under LARCO; -
18. The figure for loss of expectation of life is the conventional sum of $15,000 interest on this runs from the date of the service of the Writ to today at 11% [full economic date]
19. Lost wages (date of the accident to trial).
20. [I allow for 10% per annum inflation] See inflation Table page 530 Martin & Rhodes
|
$1,800 x 12 (months) 19.4.80 to 18.4.81
$1,980 x 12 (months) 19.4.81 to 18.4.82
$2,178 x 12 (months) 19.4.82 to 18.4.83
$2,395 x 2 (months) 19.4.83 to today
|
$21,600
$23,760
$26,136
$4,790
$76,286
======
|
21. The volume "Registrars decisions 1983 No. 4" provides authority for awarding loss of wages pre-assessment without interference with the multiplier.
22. The gross total therefore equals.
Representation:
Mr. Sit of Messrs H.H. Lau & Co for the Plaintiffs
Both Defendants in person and present
|