LACHMI’S INTERNATIONAL LTD v. LEE KAM FAI

DCCJ 22/2024

[2026] HKDC 1695

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 22 OF 2024

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ASSESSMENT OF DAMAGES

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A.  Introduction

1.  This is an assessment of damages arising out of a traffic accident involving the Plaintiff’s vehicle bearing registration number RW711 (“RW711”) and the Defendant’s vehicle bearing registration number PM4462 (“PM4462”) on 28 May 2022 near the junction of Kowloon Park Drive with Haiphong Road, Tsim Sha Tsui, Kowloon (“Accident”).

2.  The Writ of Summons was issued by the Plaintiff against the Defendant on 3 January 2024.

3.  Since no notice of intention to defend was given, interlocutory judgment on liability was entered against the Defendant on 9 February 2024, leaving damages to be assessed.

4.  At the hearing, the Defendant was unrepresented and did not appear. Having considered various affirmations of service respectively filed on 2 July 2026, 14 July 2026 and 31 August 2026 on behalf of the Plaintiff, I was satisfied that the Defendant had been duly notified of the proceedings and the hearing of the assessment of damages. Therefore, the hearing was proceeded in his absence.

B.  The Plaintiff’s Case

5.  At the time of the Accident, RW711 had stopped at the junction of Kowloon Park Drive with Haiphong Road to cope with the traffic condition ahead. The Defendant upon reaching the said junction negligently caused PM4462 to swerve and collide its offside front part with the nearside rear part of RW711.

6.  The Defendant was charged with and convicted of a count of careless driving because of the Accident.

7.  As a result of the Accident, the Plaintiff suffered loss and damage. The Plaintiff is claiming against the Defendant for the repair costs of RW711 in the sum of HK$181,195 and the motor survey fee in the sum of HK$900, totaling HK$182,095.

8.  The Plaintiff’s motor insurer, namely, AXA General Insurance Hong Kong Ltd (“AXA”) had already settled the above two sums. By a discharge and subrogation form dated 27 July 2022, AXA has been authorized to recover damages in the Plaintiff’s name against the Defendant.

C.  Analysis

9.  The Plaintiff called two witnesses, namely, Mr Wadhwani Dinesh Raju, who is a manager of the Plaintiff, and Ms Liu Tak Yee, who is a senior claims services specialist of AXA. Their evidence was straightforward and unchallenged. I find them truthful and accept their evidence in full.

10.  The Plaintiff relied on the motor survey report prepared by ControlExpert Hong Kong Corp Limited dated 27 July 2022 in support of the claim for the repair costs of RW711. The motor survey report was adduced as evidence without calling the maker thereof pursuant to the Order of Madam Registrar M Soong dated 28 January 2026. The motor survey report was unchallenged. I have carefully considered its contents. I find that the findings were supported by photos and the assessments were reasonable. There was nothing before this court challenging the quantum of the repair costs as being excessive. I accept the motor survey report in full. Thus, I allow the repair costs of RW711 in the sum of HK$181,195 as claimed.

11.  As to the claim for the motor survey fee, it was supported by an official receipt. The claim was unchallenged. I find it reasonable for the Plaintiff to have prepared the motor survey report in support of the reasonableness for the claim for the repair costs of RW711. I therefore allow HK$900 for the motor survey fee as claimed.

12.  In summary, I assess damages in favour of the Plaintiff at HK$182,095.

13.  Costs should follow the event. The Plaintiff should be entitled to costs to be summarily assessed.

D.  Disposition

14.  By reason of the foregoing, I order that:

(1)  The  Defendant do pay the Plaintiff damages in the sum of HK$182,095 with interest at the best lending rate of HSBC plus 1% from the date of the Accident (i.e. 28 May 2022) until the date of this judgment and thereafter at judgment rate until full payment.

(2)  The Defendant do pay the Plaintiff costs of the action, inclusive of the hearing for assessment of damages, summarily assessed at HK$60,000.