MILLPLAN HOLDINGS LTD v. CHUNG MAN SUN ANDY

DCCJ 1069/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 1069 OF 2008

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ASSESSMENT OF DAMAGES

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1.  The private vehicle of Millplan (the Plaintiff) was damaged in a traffic accident involving another private vehicle driven by Chung (the Defendant) at the junction of Yuen Sin Road and Dai Fat Street in Tai Po on 10 February 2007.  Millplan claims that Chung disobeyed the traffic light signal and rammed his vehicle into the right side of Millplan’s vehicle.  As a result, Chung has been prosecuted and convicted in the Fanling Magistracy of careless driving and driving a motor vehicle with alcohol concentration in breath above the prescribed limit (Case No. FLS FLC953/2007) on 28 March 2007.

2.    Millplan commenced the present action against Chung in negligence and claims damages for the damage to its vehicle.  In default of notice of intention to defend, interlocutory judgment for damages to be assessed and costs was entered against Chung on 24 April 2008.

3.  Chung did not appear in the previous hearing of the notice of appointment for assessment.  He is absent today.  On the basis of the recent affirmation of service produced (which the solicitors for Millplan undertakes to file) and the court’s notice of hearing to Chung, I believe notice of today’s hearing has been brought to Chung’s attention.  There is no reason to prevent Millplan to proceed today.

4.  Millplan claims HK$104,954.10 being the cost of repair of its vehicle and HK$700 as survey fee.  According to the motor survey report from Roger Houghton Motor Surveys Limited dated 23 February 2007, the estimated pre-accident market value of the vehicle, a Lexus LS430, was HK$450,000.  Due to the heavy damage to the right side of the vehicle, various parts required either replacement or repair.  The quoted repair cost was HK$136,067.  This was adjusted to the amount eventually paid.  The documents show that the repair cost and the survey fee have been paid.  Ms Chan, director of Millplan, gave evidence.  She adopted her statement and confirmed the above.  I accept the documentary and the oral evidence given on Millplan’s behalf.  I find the repair cost to be reasonable in the circumstances.

5.  I order that Chung shall pay damages in the sum of HK$105,654.10 together with interest thereon at half judgment rate from the date of accident (10 February 2007) until today and thereafter at the judgment rate until full payment.  By the interlocutory judgment, Chung was ordered to pay costs.  Such costs shall be that of this action and the present assessment, including any costs reserved, and shall be taxed if not agreed.