B.S.C. COLOURINGLIVING LTD v. TSANG TZE LEUNG EDDIE AND ANOTHER

DCCJ3441/2018

[2019] HKDC 922

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 3441 OF 2018

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ASSESSMENT OF DAMAGES

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Introduction

1.  By an interlocutory judgment dated 25 October 2018, the 1^st and 2^nd defendants were adjudged to pay the plaintiff damages to be assessed and costs.

2.  At the hearing of the assessment of damages, the 1^st defendant was present.  He said the 2^nd defendant was owned by him.  However, as the requirements under Order 5A rule 2 of the Rules of the District Court have not been complied with, the 2^nd defendant was treated as absent at the hearing.

The claim

3.  The plaintiff’s claim is for damages due to the negligent driving of a light goods vehicle registration No JK1296 by the 1^st defendant on 24 April 2017 at the carpark of Sing Win Factory Building, Nos 15-17 Shing Yip Street, Kwun Tong, Kowloon causing damage to the plaintiff’s private car registration No PX9734 (“the plaintiff’s car”).  The 2^nd defendant was the employer of the 1^st defendant at the material time.

The evidence

4.  After the accident, the following parts of the plaintiff’s car were damaged and had to be replaced:-

(a)   off-side fender quarter glass and off-side front door glass were shattered;

(b)   off-side front fender panel and off-side front door panel were seriously distorted;

(c)   off-side front door mirror, off-side front fender quarter glass inner trim cover, off-side front pillar garnish and off-side front door window weather strip were cracked and scratched.

5.  Further, the bonnet panel and the off-side front door pillar were damaged and had to be repaired.

6.  Accordingly, the following costs have incurred:-

(a)	repair costs	$85,250.00
(b)	surveyor’s fee	$630.00
(c)	search fee	$45.00
(d)	fees for obtaining documents from police	$13.20
Total: $85,938.20

7.  The 1^st defendant did not seek to challenge the evidence of the plaintiff.

8.  I am satisfied that the plaintiff has suffered loss in the sum of $85,938.20 as a result of the accident.

Interest

9.  Mr Jonathan Lau, who appeared for the plaintiff, asked for interest at the best lending rate from the date of the accident until the date of assessment and thereafter at judgment rate to the date of payment.

10.  The 1^st defendant opposed interest to be calculated from the date of accident as the repair costs were not paid on that day.

11.  Section 49 of the District Court Ordinance provides:-

“(1) The Court may include simple interest, at the rate the Court thinks fit in a judgment for a debt or damages, on the debt or damages or on a payment made before judgment, for the period between the date when the cause of action arose and –

(a) for a sum paid before judgment, the date of the payment; and

(b) for the sum for which judgment is given, the date of the judgment.

…

(6) Interest under this section may be calculated at different rates for different periods.”

12.  In respect of the repair costs, $15,000 was paid on 20 June 2017 and the balance of $70,250 was paid on 25 July 2017.  I agree with the 1^st defendant that interest should not run from the date of accident.

13.  As the moneys were paid on different dates, I take the view that allowing interest to run from 25 July 2017 would be just for both parties.

Conclusion and order

14.  For the foregoing reasons, I make an award of $85,938.20 in favour of the plaintiff together with interest thereon at the best lending rate (ie 5.125% per annum) from 25 July 2017 to the date of the interlocutory judgment (ie 25 October 2018) and thereafter at judgment rate until payment.

Costs

15.  By way of summary assessment, the costs of the assessment of damages are assessed at $33,155.60.  Such costs shall be paid by the 1^st and 2^nd defendants to the plaintiff.