Lau Tak yeung, Albert v. Chan Chi keung

DCCJ3999/2000

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 3999 OF 2000

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J U D G M E N T

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1. This is an assessment of damages arising out of a road traffic accident which took place on 16 January 1988, when the plaintiff's brother was driving the vehicle, a saloon car, which was owned by the plaintiff. The defendant was a motorist driving in the opposite direction. He crossed over on to the wrong side of the road, there was a collision, and the plaintiff's vehicle was damaged.

2. Judgment was entered in default of appearance on 14 February last year, and, as I have just indicated, today is the hearing of the assessment of the plaintiff's damages.

3. The vehicle was repaired at a cost of $70,000. There was a survey fee which cost $750. The plaintiff's claim appears to go beyond that, because shortly afterwards he sold the car at a price which was less than he would have achieved but for the fact that it had been involved in an accident, notwithstanding the fact that it had been satisfactorily repaired.

4. But I take the view that this is not the appropriate measure of damages. In the usual way in these cases, the court will award the cost of repairs, and so I will assess damages in that way: $70,000 for the cost of repairs and $750 for the survey, making a total of $70,750. That is the proper award of damages in this matter.

5. To that there must be added interest.

(Discussion re rate of interest)

6. Half the judgment rate until today, and thereafter at the judgment rate until payment. That will need to be calculated and shown in the order when it is drawn up, Mr Lee, together with the costs of the action on a party and party basis, to be taxed if not agreed.