TSUI KIT MING SUSANNA v. MAN FUNG WING AND ANOTHER

DCCJ4131/2004

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 4131 OF 2004

ASSESSMENT OF DAMAGES

1.  The plaintiff claims against the 2nd defendant for damages sustained to her motor vehicle FA6885 registration number (hereinafter referred to as “the plaintiff’s vehicle”) at a traffic accident on 5 June 2001 with the 1st defendant’s vehicle FT239 driven by the 2nd defendant.  On 12 September 2004, the plaintiff discontinued the action and claim against the 1st defendant.  On 13 October 2004, she entered judgment against the 2nd defendant.  The 2nd defendant having been previously convicted of careless driving at the Tuen Mun Magistracy on 24 January 2002 under case No. TMS14153 of 2001.

2.  At today’s assessment of damages, the plaintiff, Miss Tsui, gave evidence confirming the contents of her witness statement dated 17 December 2004.  She further confirmed that she paid a sum of $4,500 insurance excess and her insurer paid $57,090 of the total repair costs of $61,590. 

3.  Mr Lee, a motor surveyor with the surveying firm Toplis & Harding (Hong Kong) Limited, gave evidence and produced his survey report on the plaintiff’s vehicle.  The date of report was 11 June 2001.  It was his estimate that the repair costs to the plaintiff’s damaged vehicle to be $61,590.  He further confirmed in the report that the damage was consistent with the circumstances of the accident.  The survey fee of Mr Lee comes to $760.

4.  After hearing the witnesses’ evidence, I am satisfied that the damage to the plaintiff’s vehicle was sustained at the accident and it was due to the fault of the defendant and the cost of repair of the vehicle was $61,590 with a survey fee of $760.  I so assess this to be the plaintiff’s loss.  Interest at ½ judgment rate from date of writ (i.e. 10 August 2004) to date of judgment (i.e. 13 October 2004) and thereafter at judgment rate until full payment.  The cost of assessment be to the plaintiff, to be taxed if not agreed.

Defendant, in Person, absent