HKCB FINANCE LTD v. WELLDONE COMPONENTS CO LTD AND ANOTHER

DCCJ6865/2002

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 6865 OF 2001

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JUDGMENT ON ASSESSMENT OF DAMAGES

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1. This is assessment of damages.

2. The Plaintiff claims against the Defendants under a lease agreement of a motor vehicle, registration number GR 539. The 1st Defendant paid an initial sum of $84,221.10, followed by 32 monthly payments of $6,307 each, commencing on 7 October 2000. The 1st Defendant paid 23 monthly payments totalling $145,061 in addition to the initial sum of $84,221. In breach of the said agreement, the 1st Defendant failed to make further monthly payments after the 23rd month rental in spite of the notices from the Plaintiff.

3. The Plaintiff entered judgment in default of the offence on 4 December 2002 in the sum of $17,561.45 with interest at 2 per cent per month for the outstanding rental. Assessment of damages was ordered.

4. At today's hearing, the Defendants were absent. I am informed that the Plaintiff has served the Defendants by post the order against the Defendants granted on 4 December 2002, and notice of today's hearing had been served by the court.

5. The Plaintiff's manager, Chan Wai-cheung, gave evidence at today's hearing, stating that he had visited the 1st Defendant's office in October 2002 and was unable to locate either the 1st Defendant's director, Mr Koo, or his wife, the 2nd Defendant. There were frequent phone calls on a daily basis by himself and his staff to the 1st Defendant's office looking for Mr Koo and his wife, the 2nd Defendant, but these have not been successful in locating either Mr Koo or the 2nd Defendant.

6. It is the evidence of Mr Chan that seven further monthly rental had accrued since the issue of the writ and the Defendants had failed to pay. The seventh month of rental is up to the end of the term of the agreement. Further, the Plaintiff had retained three possession agents in order to locate the vehicle in question, but these efforts have not been successful.

7. I am satisfied the Plaintiff has proved its case on a balance of probability and assess the damages to the Plaintiff to be seven months' rental of $6,307 each, in a total sum of $44,149. Interest will be paid from the date of judgment at judgment rate until full payment, and costs of the assessment to the Plaintiff to be taxed if not agreed.