Leung Wai Man v. Chan Kam Tai

DCCJ4229/2006

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 4229 OF 2006

BETWEEN

Coram:  Deputy District Judge K Lo in Court

Date of hearing:  11 July 2007

Date of Delivery of Judgment:  11 July 2007

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J U D G M E N T

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1.This is a claim by the plaintiff, owner of private vehicle registration no. EP1918 (the “Vehicle”), for loss and damages arising from a traffic accident caused by the negligence/careless driving of the defendant, driver of goods vehicle registration no. JY2896 (the “Lorry”) on 10 December 2004.

2.The plaintiff alleged that, as a result of the accident, the right rear bodywork of the Vehicle was damaged.  The writ of summons for statement of claim was issued on 28 August 2006 and as defendant has not filed notice of intention to defend, default judgment was entered for the plaintiff against the defendant on 2 November 2006 with damages to be assessed with costs.  The hearing today concerns the assessment of damages.

Plaintiff’s case

3.The plaintiff in court today confirmed contents of his witness statement which set out a total of $73,136 was paid towards the repair of the Vehicle of which $58,780.90 was paid by the plaintiff’s insurer, Zurich Insurance Company Asia Limited (“Zurich”) and the rest being paid by the defendant, i.e. $14,355.10.  The said sum of $14,355.10 consisted of $10,000 policy excess payment, $4,025.40 depreciation allowance and $329.70 betterment allowance.

4.The plaintiff has produced to this court the relevant receipts for payment made by himself and by Zurich.

5.The plaintiff had also produced to this court the original estimates from the garage, Zung Fu Company Limited (“Zung Fu”), which gave the total repair estimate initially at total $111,035.49.

6.He had also produced to the court the surveyor’s reports from Anderson & Ashe Motor Survey & Adjusters Company (“Anderson”) appointed by Zurich which had adjusted the said sum to $73,136 (the said betterment and depreciation allowance included).

7.The plaintiff said the car was sent to Zung Fu for repair the day after the accident, i.e. 11 December 2004, and the same was only ready after repair on 2 February 2005.

8.The plaintiff has produced a letter from Zung Fu dated 7 February 2005 certifying the repair period.

9.He said during the vehicle repair period, he had resorted to the alternative method of transport, i.e. taxi and he had incurred on average $60 per day, making a total expenditure in this regard in the sum of $4,580.

10.In this case, plaintiff also claims reimbursement of $700, being surveyor’s report fee and $45 paid to the Transport Department, being the vehicle registration search fee for the Lorry.

11.Mr Hui Wing-ka, the surveyor who prepared the surveyor’s reports testified in court.  He said he had been a surveyor in the field since 1982 and his evidence as an expert has been accepted by courts on numerous occasions in the past.  He confirmed the contents of his surveyor’s report and maintained that the repair to the Vehicle was necessary and he stood by his assessment of the amount of damages.

Respondent’s case

12.The respondent was absent at trial.  He did not file any document to rebut the claim of the plaintiff’s analysis.

Conclusion

13.After hearing the applicant and Mr Hui in court, I am satisfied the claim should be allowed as follows and I therefore award:

(a)      the repair costs of $72,806.30 (i.e. repair costs of $73,136 less $329.70 deduction for depreciation);

(b)     damages for loss of use $4,580;

(c)      surveyor report fee $700;

(d)     vehicle registration search fee $45,

making a total of $78,131.30, to the plaintiff.

14.As for interest, as the bulk of the claim, i.e. $58,780.90, was paid on 9 March 2005, I will allow interest accruing from that date at half judgment rate, accordingly, I order that interest on the sum of $78,131.30 from 9 March 2005 at half judgment rate till today and thereafter interest at judgment rate till date of payment.

15.As for costs, the defendant shall pay the plaintiff the costs of the present assessment proceedings, including any costs reserved (the same to be taxed if not agreed).

Miss Cheung Po-yee, of Messrs Y C Lee, Pang & Kwok, for the Plaintiff

Defendant in person, absent