Secretary for Justice v. Chau Man Shan and Another
|
DCCJ4403/2008 IN THE DISTRICT COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION CIVIL ACTION NO.4403 OF 2008 ________ BETWEEN
________ Coram: Master B. Mak in Court Date of Hearing: 25th November 2009 Date of Handing Down Judgment: 2nd December 2009 --------------------------------------------------- ASSESSMENT OF DAMAGES --------------------------------------------------- 1.In this action, the Plaintiff claims against the 1st and 2nd Defendants for the damage of Public Light Pole No.AA2045 (“the said Light Pole”) which was situated outside Rhythm Garden, Prince Edward Road East, Wong Tai Sin, Kowloon as a result of an accident happened on 17th December 2003 involving vehicle bearing registration number KA3439 (“the said vehicle”). 2.At the time of the accident, the said vehicle was owned by the 1st Defendant and driven by Mr. Ho Tsz Him. Mr. Ho died after the accident. 3.An Interlocutory Judgment was entered against both Defendants on 30th January 2009 in default of Notice of Intention to Defend. 4.At the hearing before me, Miss Parwani for the Plaintiff informed this Court that the Plaintiff would only pursue its claim against the 1st Defendant. 5.The 1st Defendant was absent at the hearing. The Plaintiff’s evidence 6.The Plaintiff called Mr. Hui Ka Chun to give evidence. He is an Engineer of the Lighting Division of the Highways Department. 7.Mr. Hui testified that the Highways Department engaged its term Contractor, CLP Engineering Limited, to replace the said Light Pole, which included the replacement of one set of 400W Son-T LTI Bowl Lantern and one 12-metre single arm column and the removal of the damaged column lights. The costs of the replacement work is $3,704.80 as evidenced by an Invoice issued by CLP Engineering Ltd. (Page 41 of the Bundle). 8.Further, the Highways Department incurred administration costs in the sum of $1,142.50. The details of the said administration costs are shown in a schedule showing costs of supervision and administration dated 15th July 2005 prepared by the Highways Department (Page 42 of the Bundle). Findings 9.I accept Mr. Hui’s evidence on the costs the Plaintiff had incurred as a result of the accident happened on 17th December 2003. I find that the Plaintiff has proved to my satisfaction that it has suffered loss and damage in the sum of $4,847.30, being the cost incurred to replace the said Light Pole. 10.Accordingly, I find that the Plaintiff is entitled to recover damage from the 1st Defendant in the sum of $4,847.30 with interest thereon at Judgment rate from the date of Writ until full payment. 11.I make an Order Nisi that the costs of this action be to the Plaintiff, to be taxed if not agreed.
Representation: Miss Audrey Parwani, Government Counsel for the Plaintiff The 1st and 2nd Defendants: absent |