Gaby Anderson v. Wui Yip Co.Ltd. & Others

HCPI000244M/1998

HCPI 244/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES ACTION NO.244 OF 1998

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Coram : Hon Suffiad J in Court

Dates of Hearing : 21 - 22 June and 20 July 2001

Date of Assessment of Damages : 27 September 2001

Date of Addendum : 15 November 2001

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A D D E N D U M   T O    A S S E S S M E N T   O F   D A M A G E S

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1. After an assessment of damages hearing in this matter, I gave judgment to the plaintiff in the sum of $783,355.90 on 27 September 2001.

2. It has now been brought to my notice that there had been an interim payment made by the defendants to the plaintiff of $200,000.00 pursuant to the Order of Seagroatt J made on the 11 January 1999 and which I was not aware of at the assessment hearing. That the amount of $200,000.00 had been paid as interim payment to the plaintiff is accepted by the plaintiff.

3. Accordingly the amount of the judgment as ordered by me on 27 September 2001 needs to be reduced, not only by the amount of the interim payment made, but also be reduced by a further sum of $14,000.00 to take account of the interest ordered.

4. In the circumstances, the correct amount of the judgment to the plaintiff should be $569,355.90. To that extent, my earlier judgment given on 27 September 2001 is amended.

Representation:

Mr Nicholas Pirie, instructed by Messrs Munro Claypole & Reeves, for the Plaintiff

The 1st Defendant, Wui Yip Company Limited in person, absent

The 2nd Defendant, Mr Ko Wing Yeung Mike in person, absent (present on 22 June 2001)

Mr Ruy Barretto, SC, instructed by Messrs K.F. Wong & Co., for the 3rd Defendant