Else Peter George v. Lau Ka Lai and Another

DCCJ 1411/2005

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 1411 OF 200 5

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BETWEEN

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Coram:   Deputy District Judge R. Cheung in Court

Date of Hearing: 9^th March 2007

Date of Handing down Assessment of Damages: 14^th March 2007

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ASSESSMENT OF DAMAGES

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1.The 1st and 2nd Defendants have never appeared in these proceedings. Interlocutory Judgments were entered against the 1st Defendant and the 2nd Defendant on different dates for damages to be assessed.

2.The Plaintiff has called two witnesses. PW1 is the surveyor who made the motor survey report dated 17 October 2003. I am satisfied that PW1 is qualified to testify as an expert. I granted leave under Order 38 Rule 36 of the Rules of District Court.

3.The Plaintiff himself testified as PW2.

4.A number of documents were adduced at trial and marked as exhibits. These documents were not previously disclosed and no hearsay notice was served in respect of them. In the circumstances of this case, I do not consider it to be unfair for the Plaintiff to present such evidence at trial without due compliance with the Rules of Court.

5.I am satisfied that the 1st Defendant was the registered owner of the vehicle bearing registration no. KW8452 and the 2nd Defendant was the driver on 7 October 2003 at about 21:48 hour. I am satisfied that the Plaintiff was driving his vehicle bearing registration no. KG261 at the time. Another driver was driving a vehicle bearing registration no. JF3342.

6.I find that the Plaintiff's vehicle was quite properly stopped at a road junction. Vehicle KW8452 was travelling behind vehicle JF3342 on another road leading to the same road junction. Vehicle JF3342 was quite properly slowing down before the road junction but vehicle KW8452 rammed into the rear of vehicle JF3342 with great force. The force of the impact pushed vehicle JF3342 forward so that it crashed into the off-side of the Plaintiff's vehicle. The Plaintiff's vehicle was thus pushed to its left and its near-side also crashed against the hillside slopes.

7.As a result, the Plaintiff's vehicle was seriously damaged.

8.I am satisfied that the accident was solely caused by the negligence of the 2nd Defendant. I am satisfied that the 1st Defendant is liable for the tort committed by the 2nd Defendant: Rambarran v. Gurrucharran (1970) 1 All E.R. 749 applied. They are jointly liable towards the Plaintiff.

9.I am satisfied that the reasonable repair costs for the damage to the Plaintiff's vehicle is $250,000. I am satisfied that the Plaintiff's vehicle was covered by comprehensive motor insurance. The Plaintiff has made a claim under the policy and has lost his no claim bonus in the sum of $8,596.43. I am satisfied that the Plaintiff is also entitled to recover the motor survey fee of $700. The total is therefore $259,296.43.

10.I would therefore make the following orders:

(1) The 1st Defendant and the 2nd Defendant do jointly pay the Plaintiff the sum of $259,296.43 with interest thereon at half Judgment rate from 7 October 2003 until the date of handing down of this assessment and thereafter at Judgment rate until satisfaction.

(2) There be an Order Nisi that the 1st Defendant and 2nd Defendant do jointly pay the Plaintiff his costs of this action on a party and party basis to be taxed if not agreed. Unless an application is made to vary this Order Nisi, it shall become absolute in 14 days.

Representation:

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

The 1^st and 2^nd Defendants:  unrepresented, absent