Ng Lai Ha v. Fong Wai Kay

Read the full judgment text of DCCJ 6957/2002 on BabelCite. This District Court judgment was delivered on 17 June 2004.

1. A judgment against the defendant was obtained on 6 November 2003 at the plaintiff's application to strike out the defence and application for judgment to be entered.

Case No.DCCJ 6957/2002
Court
District Court
Date17 Jun 2004
Judge
Case Document
100%Judiciary

DCCJ006957/2002

DCCJ6957/2002

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 6957 OF 2002

BETWEEN
Ng Lai Ha Plaintiff
AND
Fong Wai Kay Defendant

Coram: H H Judge H C Wong in Court

Date of Hearing: 17 June 2004

Date of Judgment on Assessment of Damages: 17 June 2004

_________________________________________

JUDGMENT ON ASSESSMENT OF DAMAGES

_________________________________________

1.A judgment against the defendant was obtained on 6 November 2003 at the plaintiff's application to strike out the defence and application for judgment to be entered.

2.The defendant is absent today. After hearing Mr Lee and after reading the affirmation of service, I am satisfied that the defendant was served the notice of hearing and have ample notice to appear today, but the defendant is absent.

3.At today's hearing of assessment the plaintiff called the plaintiff, Madam Ng, to testify that the damaged part of the floor and skirting of her flat had been repaired at the cost of $20,000. This amount had been paid to the contractor for the work done.

4.I am satisfied the cost of the repair was incurred and the work was paid for. Supported by the receipt that Madam Ng produced, I assess the damage therefore to be $20,000 and I so award to the plaintiff.

5.Interest on the award of $20,000 will be at full judgment rate from 21 December 2003 until full satisfaction of the judgment debt.

6.Costs to the plaintiff to be taxed if not agreed.

H H Judge H C Wong
District Court Judge

Representation:

Present: Mr E Lee, of Messrs Lau, Lee & Tang, for the Plaintiff

Defendant, in person, absent