K. Wah Materials Ltd. v. Wong Kam Wing and Another

DCCJ292/2002

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 292 OF 2002

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J U D G M E N T

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1. The plaintiff in this action claimed against both the 1st and 2nd defendants for a sum of $178,152.90. The claim arose out of an accident which occurred on 1 September 1999.

2. At about 0840 hours on that day the plaintiff was driving a container truck with registration No. HH3 619 and a trailer No. 36836T. He was driving the truck along San Tin Road and there collided with another vehicle, ED4007, driven by the 2nd defendant. The 1st defendant was the registered owner of the vehicle.

3. Judgment was entered in favour of the plaintiff against the 1st and the 2nd defendants in respect of liability on 3 August 2000 and 6 September 2000 respectively. Today's hearing, which is conducted in the defendant's absence, is only for the assessment of damages.

4. As a result of the collision, the plaintiff's vehicle, the container truck, suffered damage and the total cost of repair amounted to $195,532.80. Taking into account depreciation the amount is reduced to $177,452.90, and with a survey fee of $800 the amount adds up to $178,152.90.

5. The plaintiff gave evidence today about the accident. The second witness gave evidence as to the reasonableness of the cost of repair. There being no evidence to challenge any part of this evidence from the defence, and I have carefully considered the evidence given by the plaintiff and the witness, I am satisfied that their evidence is truthful and reliable and I accept that these costs of repair are reasonable in the circumstances.

6. I therefore enter judgment for the plaintiff for the sum of $178,152.90 and interest on that sum at 11.54 per cent per annum as from the date of writ to the date of judgment and thereafter at the judgment rate until payment.

7. Costs are to be to the plaintiff to be taxed if not agreed.

8. The 1st and the 2nd defendants are to be liable jointly and severally for the judgment sum, interest and costs.