MOK ASSOCIATES LTD v. AU WAI YIP AND ANOTHER

DCCJ354/2003

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 354 OF 2003

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ASSESSMENT OF DAMAGES

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1. This is a claim for monetary compensation for damage done to the plaintiff's car as a result of a traffic accident.

2. The plaintiff was the registered owner of private car HT-286. The 1st defendant was the registered owner of private car GW-7585. At the time of the accident the 2nd defendant was driving the vehicle GW-7585 as an agent of the 1st defendant.

3. The accident happened at about 8.50 am on 20/5/00 when the plaintiff's vehicle and the 1st defendant's vehicle were travelling on the opposite sides of a dual carriageway. The 2nd defendant negligently drove vehicle GW-7585, causing it to cross over the central dividing line of the carriageway, and brought about a head-on collision with the plaintiff's vehicle.

4. The plaintiff's vehicle was towed to the police vehicular pound for examination after the accident. The plaintiff's vehicle was released to the plaintiff on 23/5/03. On the same day the plaintiff took his car for repair. According to the quotation given by City Motor Services Company Limited, the costs of repairs of the plaintiff's vehicle was HK$109,207. The director of the plaintiff was told that the scrap value of the vehicle was in the region of HK$60,000. After negotiation made between the plaintiff, the plaintiff's insurance company and the car repair company, the plaintiff's vehicle was repaired for HK$60,000.

5. As a result of the accident, the plaintiff paid the government HK$790 towing fees in respect of his vehicle to the government vehicular pound for examination. In respect of the repair costs of HK$60,000 the plaintiff paid a sum of HK$3,000 while the insurance company of the plaintiff paid the balance of HK$57,000.

6. The plaintiff's insurance company also paid a sum of HK$45 in respect of the search with the Transport Department for the registered owner of vehicle GW-7585 and a surveyor fee of HK$650 for the valuation and adjustment of the repair costs of the plaintiff's vehicle. Such sums were paid on behalf of the plaintiff as the plaintiff's agent.

7. After the accident the 2nd defendant was prosecuted and convicted of careless driving on 6/12/00.

8. The plaintiff commenced the present action on 20/1/03 to sue the defendants for damages sustained as a result of the accident. Interlocutory judgment was entered in favour of the plaintiff against both defendants on 23/7/03 for damages to be assessed.

9. I am satisfied that the sum of HK$61,485 represented the financial loss the plaintiff suffered as a result of accident. Both defendants are jointly and severally liable to the plaintiff for the said sum.

10. The accident happened on 20/5/00. There was no explanation for the delay in bringing the present proceeding. Pre-judgment interest is awarded at 1% above prime only from the date of the writ to the date of the judgment. Judgment interest accrues at judgment rate from the date of judgment until payment.

11. Costs order nisi for this action is granted in favour of the plaintiff. The said order nisi would become absolute upon the expiration of 14 days from the date of the service of this order unless application for variation was made within the said 14 days period.