WONG KAM FUI v. LAU OI LAI BONNIE AND ANOTHER

DCCJ3763/2002

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 3763 OF 2002

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J U D G M E N T

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1. The plaintiff obtained judgment against the 1st defendant on 16 May 2003 in default of acknowledgement and defence. The plaintiff discontinued the action against the 2nd defendant on 23 November 2002 on the consent order.

2. The plaintiff's claim against the 1st defendant is for damages suffered due to a traffic accident on 8 May 2001 that took place on Lion Rock Tunnel Road, in Kowloon. As a result, damages were caused to a taxi owned by him, registration No. JY9316, and the 1st defendant was the driver of the other vehicle that collided with the plaintiff's taxi on 8 May 2001.

3. The 1st defendant was convicted of careless driving in Kowloon City Magistracy on 3 August 2001. As a result of the accident, the plaintiff's vehicle was badly damaged. The plaintiff took the car to a garage, Kam Shan Garage, which gave a quotation and estimated repair costs of over $180,000-odd.

4. The plaintiff's insurance company, Trinity General, obtained the services of Mr Alan Leung Kam-tong, PW2, who gave evidence in this court. After a survey done by Mr Leung of the vehicle and considering the quotation of Kam Shan Garage on the repair cost on the vehicle, he gave and recommended an estimate of $102,426.50 for the repair of the said vehicle.

5. The plaintiff paid $8,000 towards the repair cost and Kam Shan Garage eventually did the repair for a total sum of $110,426.50.

6. The survey estimate and repair work took some time and the plaintiff suffered from further loss in the loss of rental income between 8 May 2001 and 24 June 2001 at a rental of $680 daily.

7. I am satisfied that the plaintiff did suffer the loss of repair costs, the loss of rental income, supported by the two rental agreements with the two drivers and he further suffered loss of the survey fee and the transport search fee.

8. Consequently, I award the following: on cost of repair, $110,426.50; survey fee at $650; transport search fee of $45, loss of use between 8 May 2001 and 24 June 2001 at $32,640 at $680 per day. The total loss suffered is assessed at $143,761.50.

9. Interest from the date of the writ to the date of judgment at half judgment rate and thereafter at full judgment until full payment for the plaintiff and the costs to the plaintiff.