Fong Yeung Kiu v. Chiu Kwok Leung Uncle and Another

DCCJ 4287/2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 4287 OF 2004

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BETWEEN

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Coram:   Deputy District Judge R. Cheung in Court

Date of Hearing:  4^th May 2007

Date of Handing down Assessment of Damages:  9^th May 2007 

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ASSESSMENT OF DAMAGES

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1.The hearing is for the assessment of damages only. Judgment was already entered against the 1st and 2nd Defendants on 16 August 2006. Liability is no longer a live issue. The Plaintiff is legally represented. The 1st and 2nd Defendants did not appear. I am satisfied that the papers were duly served on them. The assessment was conducted in their absence.

2.The Plaintiff is the registered owner of a private car bearing registration no. CW8882. The 1st Defendant is the owner of a light goods vehicle bearing registration no. GT5045. The 2nd Defendant is the driver of the light goods vehicle at the time of the accident which took place on 10 May 2002. The 2nd Defendant drove negligently causing the light goods vehicle to run into the offside front of the Plaintiff's car. The impact resulted in damage to the Plaintiff's car. The 1st Defendant is vicariously liable for the 2nd Defendant's tort. They are jointly liable for damages.

3.A motor survey report has been obtained which shows in effect that the reasonable repair cost of the Plaintiff's car is $104,010.80 (being $52,080.00 as to the cost of labour and $51,930.80 as to parts). The report also shows the value of betterment after repair to be $10,386.20.

4.I am satisfied that the repair cost of $104,010.80 is reasonable. The Plaintiff's car has been repaired and the amount has been paid.

5.I am also satisfied that the motor surveyors have charged $770.00 for their service. The amount is reasonable and paid for.

6.I am also satisfied that the vehicle search fee in the sum of $45.00 was necessary and paid for.

7.I consider that the 1st and 2nd Defendants are liable to pay the Plaintiff the above sums by way of damages regardless of whether the above payments (or any part thereof) were made by the Plaintiff's insurer or by the Plaintiff himself, or whether the payments were already made or yet to be made.

8.I consider it reasonable for the Plaintiff to send the car to the service centre of the original manufacturer for repair. The betterment to the Plaintiff's car is the inevitable consequence of such repairs. No deduction of the damages awarded should be made on account of such betterment: Harbour Front Investments Ltd. v. Lock Kwok Leung & Others, HCSA 68/2002, 26 February 2003 considered and applied.

9.I would therefore make an award of damages in the sum of ($104,010.80 + $770.00 + $45.00 =) $104,825.80. There will be interest at Judgment rate (8%) on the sum of $104,010.80 from 16 August 2004 (the date of the Writ) to the date of Judgment and thereafter at Judgment rate until satisfaction.

10.I would also make an Order Nisi that the 1st and 2nd Defendants do pay the Plaintiff the costs of this action subsequent to the Judgment herein of 16 August 2006 up to and including this assessment, to be taxed if not agreed. Unless there is an application to vary this Order Nisi, it will become absolute in 14 days.

Representation:

Miss Cheung Po Yee, of Messrs. Y.C. Lee, Pang & Kwok, for the Plaintiff

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