HAU FOR WAN v. HAU CHAK LAM

HCA2223/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 2223 OF 2003

---------------------------------

-------------------------

-------------------------

JUDGMENT

-------------------------

1.  This matter came on for trial on 1 April 2009, but the defendant failed to appear at 10 o’clock that morning, the time fixed for the commencement of this trial.  I stood the case down for half an hour to give him an opportunity to turn up, but he was still not here at 10.30 a.m.  Having made enquiries with my clerk, as well as having heard from the plaintiff’s counsel, Mr Kenneth Wong, about the efforts made to contact the defendant by telephone regarding the hearing of this case, I was satisfied that reasonable efforts had been made to contact him and that I should allow the case to proceed.

2.  I therefore allowed Mr Wong to open his case, which he did, and for him to call the plaintiff, who gave evidence before me, adopting his witness statement as his evidence, and producing to me the relevant documents which are contained in the trial bundle.  At that stage, and after the plaintiff had given evidence, I acceded to the application by Mr Wong, on behalf of the plaintiff, to adjourn the case to this morning because the second witness, a Mr Raymond Hui Wai Chun, who had prepared an expert valuation report for this case, was in Macau and was unable to give evidence that morning.  I acceded to that application and adjourned the hearing to today.  And Mr Hui has just given evidence before me, producing his expert report and confirming that the valuation of the property in question at the relevant time on 14 November 1997 was HK$250,000. 

3.  Having regard to the evidence of the plaintiff as contained in his witness statement and to the valuation report, and in the absence of any evidence from the defendant, I conclude that I am satisfied that the plaintiff has established his case for the repayment of the loan which he had made to the defendant and, in the circumstances, I am prepared to give judgment to the plaintiff against the defendant for payment of the sum of HK$1 million, and also to award the plaintiff the costs of the action.

                                    [Discussion re scale of costs]

4.  I am satisfied with the explanation given to me as to why this case could not be transferred to the District Court, and I therefore award costs on the High Court Scale. 

5.  I am prepared to award discretionary interest from the date of service of the writ and statement of claim at the rate of HSBC prime plus 1 per cent up till the date of judgment.  Thereafter, of course, the judgment will carry statutory interest automatically.