Fittex Textile Co Ltd v. Chan Yuen Kwok

DCCJ4744/2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 4744 OF 2004

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BETWEEN

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Coram: H H Judge H C Wong in Court

Date of Hearing: 5 May 2005

Date of Delivery of Assessment of Damages: 5 May 2005

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ASSESSMENT OF DAMAGES

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1.The plaintiff claims against the defendant for damages caused by a collision that took place on 21 June 2003 at Chatham Road South in Kowloon. 

2.The collision was between the plaintiff’s vehicle registration number KG1954 and the defendant’s vehicle EJ149.  The plaintiff’s motor vehicle was hit from behind by the defendant’s motorcar, resulting in the damage to the rear portion of the plaintiff’s motor vehicle.  Interlocutory judgment in default of intention to defend, was granted on 1 December 2004.  Today’s hearing is the assessment of damages.  The defendant has been absent throughout and also at today’s hearing.  I am satisfied that a notice of hearing was served on the defendant by post. 

3.The plaintiff called two witnesses: Miss Cheung, the owner of the motor vehicle KG1954, and the motor surveyor who prepared the survey report, Mr Lee Kai-hung, who is a director of Roger Houghton Motor Survey Limited.  Miss Cheung confirmed that due to the collision, her new Mercedes Benz motor vehicle was damaged and the repair was performed by Zung Fu Company Limited.  Before the repair was done, Mr Lee had been engaged to prepare a motor survey report, and according to Mr Lee, the damage repair cost was reduced or adjusted from the quotation by Zung Fu of $125,090.20 to $100,001.96.  Mr Lee confirmed the adjusted repair cost was fair and correct.

4.I accept the professional qualifications of Mr Lee and I accept his many years of experience as a motor surveyor and I accept his assessment of the repair cost to the plaintiff’s vehicle.  I also accept the plaintiff’s car was repaired by Zung Fu Company Limited and the cost incurred was $100,001.96.  I also allow the survey fee of $700.  The total sum assessed is $100,701.96.   Interest is granted at half judgment rate from the date of writ to the date of judgment, and thereafter at judgment rate.  Costs to the plaintiff, to be taxed if not agreed.

Mr W Chiu, of Messrs Simon C W Yung & Co., for the Plaintiff

Defendant, in person, absent.