The Jouster Ltd. v. Wang Ka Lueng Albert and Another

HCA005999A/1999

HCA 5999/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 5999 OF 1999

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Coram: Master Cannon in Court

Date of Hearing: 8 October 2001

Date of Handing Down: 12 October 2001

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ASSESSMENT OF DAMAGES

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1.This assessment of damages arises out of the plaintiff's claim against the defendants for possession of a flat at Kency Tower, 9-9A Chatham Court, Tsim Sha Tsui, for arrears of rent, for mesne profits and for interest. Pursuant to court order, the plaintiff obtained possession of the property on 9th November 2000. Pursuant to court order judgment was entered against the defendants for damages to be assessed.

2.At the assessment, the defendants were absent. The plaintiff's bundle of pleadings was before me at the assessment. The plaintiff was represented. Mr. Tang Kai Ming Kenneth, a director of the plaintiff company, filed a witness statement dated 10th June 2001, but he was unable to be at the hearing. He later filed an affirmation dated 10th October 2001, confirming the contents of his witness statement. I allowed this since it would save time and costs in what is a simple assessment of damages. In paragraph 4 of that witness statement, Mr. Tang sets out the calculation of the total amount of damages claimed, which is repeated in the affirmation of 10th October 2001 but with the amount of interest being up dated, being the sums of -

(i) arrears of rent and rates from 1st January 1999 to 13th April 1999 as pleaded in paragraphs 8 and 10 of the statement of claim, being $301,866.78.

(ii) mesne profits from 14th April to 9th November 2000, being 18 months and 28 days at $104,300 per month, being $1,973,150.82.

(iii) judgment interest on (i) from 14th April 1999 to 8th October 2001, being $88,226.14, and continuing.

(iv) The total amount of damages are therefore $2,363,243.74.

3.I accept the evidence of Tang Kai Ming Kenneth for the plaintiff, and I assess the damages at $301,866.78 and $1,973,150.82, together with interest in the sum of $88,226.14 up to 8th October 2001. Cost of the assessment be to the plaintiff to be taxed if not agreed.

Representation:

Ms. Y.K. Tung of Messrs. Albert Hwang & Co. for Plaintiff.

Defendants: Wang Ka Lueng Albert and Tong Pik Yin - Absent