FU ZHUN PRECISION INDUSTRY (SHENZHEN) CO LTD AND OTHERS v. FUHANG FREIGHT TRANSPORT HONG KONG LTD

DCCJ4647/2005

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 4647 OF 2005

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ASSESSMENT OF DAMAGES

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1.  Interlocutory judgment in default of Notice of Intention to Defend in this action was entered on 15 November 2005.  The plaintiffs’ claim against the defendant for loss and damages in this action for the damage done to their cargo which the 1st plaintiff had instructed the defendant to carry to the 1st plaintiff’s factory in Shenzhen, China, on 14 May 2005.  The defendant’s driver, while carrying the cargo, had an accident while driving the lorry, registration number HF2919, across the border at the 北環大道橋香段. 

2.  As a result of the collision, part of the cargo was damaged.  The plaintiffs’ insurer, AIU Insurance Company (Taiwan Branch), instructed its surveyor, Zennon & Pierre Marine Services Limited, to go to the consignee’s factory in Shenzhen and conduct an investigation on 18 May 2005.

3.  At today’s assessment of damages hearing, the defendant was absent.  At the close of the plaintiffs’ case on assessment, this court was given a fax copy of a letter from someone who claimed to be a representative of the defendant, sent via the Small Claims Tribunal, stating he was not free to attend court today.  From the affidavit of service, it is clear that the defendant had ample notice of the date of assessment.  Not only did the plaintiffs serve on the defendant, the court registry had also sent notices of hearing to the defendant.  This court would not accept such an informal and improper form of communication and notification with an excuse not to attend court at the eleventh hour.

4.  The plaintiffs called Mr Mak Ching-keung, a surveyor of the Zennon & Pierre Marine Services Limited.  Mr Mak had prepared a survey report based on his visit and investigation on 18 May 2005.  Mr Mak has 15 years of experience as a loss adjustor and he, on 18 May 2005, conducted an investigation of the accident and examined the damaged cargo.  He assessed the value of goods damaged in the accident, and the plaintiffs’ loss, to be US$16,355.93 .  After deduction of the excess sum the loss adjustment was US$15,355.93 and AIU Insurance eventually paid out the same amount to the plaintiffs.

5.  The Insurer, through the plaintiffs, wishes to claim against the defendant pursuant to its right of subrogation.  I accept the loss adjustor’s survey report and the value of the damage to the cargo assessed and I therefore assess the loss and damages amounted to US$15,355.93.  Interest at half judgment rate from date of writ to date of judgment thereafter at judgment rate.  Costs to the plaintiffs to be taxed if not agreed.