CHAN WAN WAH v. VU KOK SENG

DCCJ3051/2002

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 3051 OF 2002

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J U D G M E N T

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1. The Plaintiff claims against the Defendant for damages to his property caused by the demolition work performed on the Defendant's premises in early 1997.

2. The Plaintiff purchased his premises at 2/F Pak Long, Long Kwu Tan, Tsuen Mun, New Territories, on 20 August 1997 for $1.8 million. (I shall hereafter refer to the property as "the suit property".) The suit property is located one floor above the defendant's property.

3. Judgment was entered in default of defence against the Defendant on 16 October 2002. Today's hearing is an assessment of damages hearing.

4. The Plaintiff produced a Structural Engineer's Report on the damages done to the suit property, and an invoice and three payment receipts for the repair work and general work done at the suit property. He further produced rental receipts for the period he was residing in alternative accommodation, and said he admitted he did not move into the premises until October 2002 and that he had not lived in those premises - the suit property - since his purchase in August 1997.

5. The cost of repair claimed and admitted to be recoverable by the Plaintiff is $178,400. These included the repair of the cracked walls and ceiling, the replacement of roof and floor tiles, wiring work, and painting and plastering work of the ceiling and walls of the plaintiff's flat, including the scaffolding erection and the removal of debris afterwards.

6. I accept that these items are reasonably incurred due to the damage done to the suit property, and I so assess the cost of the repair work at $178,400.

7. The second item is the further damages claimed by the Plaintiff, and this is due to the Defendant's renovation work to his premises, causing the Plaintiff to seek alternative accommodation, paying rental, pending the repair work done to the Plaintiff's suit property. The Plaintiff now, through his counsel, submitted and accepted the reasonable rental claim should be for a period of 12 months at $3,500 per month.

8. I accept this period claimed at 12 months to include waiting for the repair work at the suit property and for assessment of the damage and the Structural Engineer's Report to be prepared. I also accept the rental receipts produced supported the monthly rental of $3,500 per month. The 12 months' rental comes to $42,000, and I so order.

9. Interest on the two sums of damages awarded will be from the date of the writ to the date of judgment at half judgment rate, and thereafter at full judgment rate until full payment.

10. Costs to the Plaintiff to be borne by the Defendant to be taxed if not agreed.