Ip Hing Lam v. Ho Hau Yin

DCCJ 4223/2018

[2019] HKDC 1607

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 4223 OF 2018

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ASSESSMENT OF DAMAGES

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1.The plaintiff filed the Writ of Summons and Statement of Claim on 19 September 2018. Interlocutory Judgment on liability was entered on 8 February 2019 after the failure of the defendant to file acknowledgment of Service. The Statement of Claim was amended on 25 April 2019.

The Background

2.The plaintiff’s claim concerns a traffic accident which occurred on 19 October 2015 at or around Lin Cheung Road Slip Road near the junction of West Kowloon Highway, Mongkok, Kowloon.  The plaintiff was driving private car MN4843 from Tsim Sha Tsui towards the direction of Tuen Mun along Lin Cheung Road, whereas the defendant was driving HM9689 immediately behind MN4843.  The cars in front of MN4843 slowed down near a junction between two roads, and the plaintiff also slowed down his vehicle accordingly.  The defendant failed to stop HM9689 in time, and it hit the rear of MN4843, causing damage to MN4843, which had been particularized in the Amended Statement of Claim as HK$95,000 repair cost, HK$900 cost of survey report and HK$23,250 rental of private car during period of repair from 14 October 2015 to 24 November 2015, totaling HK$119,150.  The plaintiff also claims interest on the said sum and costs.

Analysis

3.The action had been set down for assessment of damages pursuant to the Order of Registrar Lui on 19 September 2019.  The plaintiff had elected not to adduce any expert evidence, and relies on the evidence of the plaintiff, whose witness statement filed on 27 August 2019 served as the evidence-in-chief at the assessment of damages.  The defendant did not file any list of documents or witness statement. 

4.The plaintiff’s witness statement supports the Statement of Claim.  A motor vehicle survey report is exhibited as evidence that the survey report had been made, and payment for the repairs and survey report are supported by means of exhibiting the invoice of Kong Kei Motor Service Centre.  As for the rental charge for the alternative transportation, a Hirer Car Invoice is exhibited, and the plaintiff supplemented in his oral evidence as to the duration in which MN4843 was in repair, which was longer than the period when the alternative car was rented, therefore necessitating the said rental.  I accept that the claims for survey report and rental of alternative car were caused by the accident, and therefore the related expenses are necessary, and the amounts are reasonable.

5.The Photos of MN4843 after the accident reveal the extent of damage from the accident.  I am satisfied that the damage shown is consistent with the mode of the accident, and is caused by the accident.  I am also satisfied that the items of repair performed on MN4843 were necessary and the expenses incurred reasonable. 

Assessment of Damages

6.For the above reasons, I have reached an assessment of the following:-

(a) Repair Cost of MN4843 HK$95,000.00

(b) Cost of Survey Report HK$900.00

(c) Rental of Alternative Car HK$23,250

(d) Interest on damages (a) to (c)    1% above the best lending rate of  HSBC from date of writ to date of  judgment

(e) Costs of this action and of the assessment of damages summarily assessed at HK$46,000 to be paid by the defendant to the plaintiff forthwith.

Mr W Kwan, of Or & Lau, for the plaintiff

The defendant was not represented and did not appear