Choi Yuk Fong Shera v. Man Cheung Hing

dccj3099/2005

IN THE DISTRICT COURT OF THE

HONG KONG ADMINISTRATIVE REGION

CIVIL ACTION NO. 3099 of 2005

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Between

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Coram: Deputy District Judge K.W.Wong in Court

Date of Hearing: 1^st December 2005

Date of Delivery of Assessment of Damages: 1^st December 2005

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ASSESSMENT OF DAMAGES

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1.This is an assessment of damages suffered by the Plaintiff arising out of a traffic accident on 7^th July 1999.

2.The Plaintiff is the owner of a motor vehicle bearing registration number AZ1808. At the material time the Defendant was the registered owner and driver of a light goods vehicle bearing registration mark FA2385. On 7^th July 1999 at around 5:45 pm, the Plaintiff was driving along Hoi Yu Street and was followed by the Defendant’s vehicle. When she was making a right turn into a carpark, the Defendant overtook the Plaintiff’s vehicle from the opposite carriageway and collided into and damaged the offside of the Plaintiff’s vehicle. She now claims against the Defendant for loss and damages as a result of the accident which was caused by the negligence of the Defendant.

3.The Writ was issued on 30^th June 2005 and an interlocutory judgment in default of acknowledgment of service was entered against the Defendant on 10^th August 2005. In fact the Defendant has never taken part in this action. Notice of Assessment of Damages and of today’s hearing have been served on the Defendant according to the 5^th Affirmation of Siu Yan Chun of the Plaintiff. In the circumstances, I am satisfied that the Defendant has been duly informed of today’s hearing and he chooses not to show up. I therefore proceed with the assessment in his absence.

4.There are three heads of claims of the Plaintiff, namely, costs of repair of $56,048.80, survey fee of $660 and vehicle search fee of $90, making up a total claim of $56,798.80.

5.At today’s assessment, the Plaintiff confirmed the circumstances of the accident as pleaded in the statement of claims. She also confirmed the contents of her witness statement dated 1^st November 2005. In her statement, she claimed that she had paid a sum of $7,000.00, being insurance excess and her insurer paid a sum of $49,048.80, totalling $56,048.8 to Wang Fat Motors for repair of her vehicle. The Plaintiff said that she had lost her receipt for the $7,000.00 but could produce Wang Fat’s receipt for the payment of $49,048.8(assessment bundle page 42).

6.The Plaintiff also claimed that a sum of $90, being two fees of $45 each, was paid to the Transport Department for search of owner’s particulars of the Defendant. Miss Hung for the Plaintiff submitted that the fees were reasonably incurred. They showed that the Defendant’s vehicle had changed hand after the accident.

7.Mr. Raymond Lee Kai Hung, a motor surveyor with the survey company Roger Houghton Motor Surveys Limited, gave evidence and produced his survey report with 12 photos on the Plaintiff’s vehicle. The date of the reports was 21^st July 1999. He further confirmed his experience and qualification as set out in his resume dated 2^nd November 2005. In his report, it was his estimate that the repair costs to the Plaintiff’s damaged vehicle was $56,048.8. He also confirmed in his report that the damage to the Plaintiff’s vehicle was consistent with the circumstances of the accident. The survey fee of Mr. Lee was $660. A receipt was also produced (assessment bundle page 41).

8.Although the Plaintiff has lost the receipt for the $7,000, the Plaintiff is able to produce a discharge form on which the policy excess of $7,000 is endorsed. After hearing the witnesses’ evidence, I am satisfied that the damages to the Plaintiff’s vehicle was sustained at the accident and it was due to the fault of the Defendant, and that the costs of repair is $56,048.8 with a survey fee of $660. I am also satisfied that the search fee of $90 is properly and reasonably incurred. I so assess that the total of $56,798.80 to be the Plaintiff’s loss and damages sustained in this accident.

8. Interest is awarded at half the judgment rate from the date of the writ up to date of interlocutory judgment and thereafter at judgment rate until full payment. The costs of the assessment are to the Plaintiff, to be taxed if not agreed. 

Representation:

Miss Hung Siu Wai of Messrs. Ip, Kwan & Co. for the Plaintiff

Defendant, in person, absent