Ng Ling and Others v. Mak Wai and Others
Read the full judgment text of HCA 4930/1981 on BabelCite. This High Court CFI judgment was delivered on 18 March 1983.
1. This assessment concerned only the 1st and 3rd Plaintiffs.
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HCA004930/1981
IN THE SUPREME COURT OF HONG KONG HIGH COURT ___________ BETWEEN
Coram: Master Hansen in Chambers __________________________ ASSESSMENT OF DAMAGES __________________________ 1. This assessment concerned only the 1st and 3rd Plaintiffs. 2. As a result of an accident that occurred at Tuen Mun Road at about 2 p.m. on the 4th of December 1979 Cheung Hong Hung was fatally injured and LI KIN HONG suffered injuries to his left leg and hand. The accident occurred when a goods vehicle owned by the 1st defendant and driven by the 2nd defendant collided with several other vehicles which were stationary at the traffic lights. Interlocutory judgment was entered against the 1st & 2nd defendants on the 28th September 1981 and against the 3rd defendant on the 13th November 1981. NG LING & NG WAI CHUN as Co-Administratrix of the Estate of CHEUNG HONG HUNG, deceased, 1st Plaintiff 3. The extent of the deceased's injuries were such that he died shortly after the accident. General Damages (Future loss of dependency) 4. It was clear in this case that the FAO and LARCO awards would merge. It was accepted by Mr McCormick and Mr Yu that the deceased's nett income from operating his goods vehicle was $2,400 per month at the time of the accident. (Although the 1st & 2nd defendants were present they did not ask any questions in cross examination nor did they make any submissions). However, Mr McCormick and Mr Yu disagreed as to the amount of the deceased's expenses and also whether the amount left after such expenditure should be increased to allow for inflation. 5. On the evidence Mr McCormick submitted that the deceased's monthly expenditure would be $725 per month leaving a balance of $1,675 and that $1,600 was the correct multiplicand. On the other hand Mr Yu said the evidence supported a deduction of $900 leaving $1,500 per month. Having considered the evidence I am satisfied that Mr McCormick is right and the correct figure should be $1,675. 6. Mr Yu submitted that due to the recession it would be inappropriate to increase this figure at all to allow for inflation. Mr McCormick, while accepting he could not adduce evidence to show what the increase in the deceased's income would have been, submitted that the figure of $1,600 should be increased 30% to allow for inflation. This would give a multiplicand of $2,080. I think it is correct to allow for inflation in this manner and I consider the correct figure to take as a multiplicand is $2,000 p.m. This would be the inflated figure left for the benefit of the deceased's family after deducting his inflated personal expenditure and his proportion of the inflated household expenditure. 7. Mr McCormick submitted the correct multiplier in this case should be 15. The deceased was aged 30 and clearly 15 is correct. 8. I therefore award:-
Special Damages 9. The 1st Plaintiffs are entitled to loss of nett income (i.e. the figure of $1,600 p.m. mentioned above) from the date of the accident until the date of the hearing. Again adjustment should be made for inflation. The figure should be 10% p.a. That is just over 3 years. I award:-
Funeral Expenses 10. The evidence was that the widow of the deceased paid $1,000 towards funeral expenses. I award $1,000. Summary
11. There will of course be a credit for the $35,000 paid into Court pursuant to the order of Master McClelland dated the 1st September 1982. This was paid into Court on the 6th of October 1982. There will be interest on the $1,000 of 7% p.a. from the date of the accident until judgment. There will be interest on $35,000 from the date of the issue of the writ until the date of payment into Court (i.e. 6th October 1982) and interest on the balance of the award at the rate of 14% p.a. from the date of the issue of the writ until judgment. I order that the balance of the award should be paid into Court within 7 days of the date of the delivery of this assessment. I direct the D.L.A. should apply ex parte for apportionment of the award between the widow of the deceased, NG LING, and the daughter CHEUNG Kwun-yee. 3rd Plaintiff LI KIN HONG 12. As a result of the accident the 3rd Plaintiff was admitted to Princess Margaret Hospital. He suffered a broken left femur, and laceration of the left hand, the left thigh and the left calf. The two lacerations on the leg required skin grafts. The broken thigh was treated with an intramedullary nail. He was in P.M. Hospital for 3 weeks and transferred to Pok Oi Hospital for a further 3 weeks. For six weeks after discharge he used 2 walking sticks. Later a small piece of foreign body was removed from his inner thigh under local anaesthesia. Dr Wedderburn in his report noted that the presence of the nail caused some foreign body discomfort and recommended its removal. Dr Wedderburn found a 4% impairment of the leg. He stated if the nail is removed all symptoms will disappear and he felt a 1% permanent disability would be fair. General Damages
Special Damages
Summary 13. General Damages
14. Special Damages
15. There will be interest on $1,070 at the rate of 7% p.a. from the date of the accident until judgment. There will be interest on the balance of the award at the rate of 14% p.a. from the date of the issue of the writ to judgment. 16. There will be costs to the 1st and 3rd Plaintiffs to be taxed in accordance with Legal Aid Regulations. Dated the 18th day of March 1983.
Representation: Mr McCormick of D.L.A. for 1st & 3rd Plaintiffs Mr Yu of Ford, Kwan & Co for 3rd Defendant 1st & 2nd defendant in person |