Perfect Top Industrial Ltd v. Lau Yiu Kuen

DCCJ3762/2019

[2020] HKDC 1243

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 3762 OF 2019

--------------------

--------------------

Before: Master B. Mak in Court

Date of Hearing: 12 October 2020

Date of Judgment: 5 January 2021

----------------------------------------

ASSESSMENT OF DAMAGES

----------------------------------------

Introduction

1.By a judgment dated 25 October 2019, the defendant was adjudged to pay the plaintiff damages to be assessed and costs.

Plaintiff’s case

2.On 11 November 2016 at about 9:12 am at Cornwall Street, Kowloon, the defendant who was driving a motor-cycle registration No NV1576 hit and damaged the plaintiff’s private car registration No PF1632 (“the plaintiff’s car”) and therefore suffered damages.

Legal principle on betterment

3.In Wong Ping Mui v Mak Hung On, DCCJ 2874/2001, 12/10/2001, His Honour Judge Andrew Cheung (as he then was) held that if the repair inevitably necessitated the replacement of new parts, the court would not deduct the value enhanced as a result of the replacement.

Findings

4.According to Miss Liu Tak Yee, Senior Claims Specialist of AXA General Insurance Hong Kong Ltd, the plaintiff’s car was repaired by Crown Motors Ltd.  The costs of the repair was assessed and adjusted by Roger Houghton Motor Surveys Ltd (“the motor surveyor”) to:-

5.The fee of the motor surveyor was $700.

6.Miss Liu’s evidence was not challenged by the defendant.

7.I am satisfied that the repair costs of $121,130 was reasonable.  Although the motor surveyor had deducted $15,000 as depreciation after the repair, such item should not be deducted from the amount of damages which the plaintiff is entitled to recover from the defendant: see Wong Ping Mui (Supra).

8.The plaintiff is also entitled to recover the fee of the motor surveyor in the sum of $700.

9.The plaintiff is therefore entitled to recover from the defendant damages in the sum of $121,830 ($121,130 + $700).

Interest

10.The defendant shall pay interest on the said sum of $121,830 at half judgment rate from the date of accident (ie 11 November 2016) to the date of the assessment of damages and thereafter at judgment rate until payment.

Costs

11.The defendant shall also pay the plaintiff costs of this action including the assessment hearing.  By summary assessment, I order that the defendant doth pay the plaintiff costs in the sum of $80,000.

Mr Jonathan Lau of Leung & Lau, Solicitors LLP, for the plaintiff

The defendant was not represented and was acting in person