THE KOWLOON MOTOR BUS CO.(1933) LTD v. JET TOURS LTD AND ANOTHER

THE KOWLOON MOTOR BUS CO.(1933) LTD v. JET TOURS LTD AND ANOTHER

Accepting the independent motor surveyor's adjusted repair cost, accepting plaintiff witnesses on the reasonable off-road period of 13 days and the average daily standby cost of $1,097, the court awarded repair costs $81,579.09, loss of use $14,261 and survey fee $660, totaling $96,500.09, payable by the 1st Defendant together with interest and costs.

Citation
THE KOWLOON MOTOR BUS CO.(1933) LTD v. JET TOURS LTD AND ANOTHER
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 May 2014
Case Number
DCCJ3158/2012
Procedural Posture
Assessment of Damages Arising From a Motor Vehicle Collision / Assessment of Damages Following Interlocutory Judgment on Liability
Outcome
Judgment for the Plaintiff against the 1st Defendant for $96,500.09 with interest and costs
Legal Topics
Assessment of Damages, Repair Costs, Loss of Use (standby Costs), Interest on Damages, Costs of Assessment
Source Language
EN
Tort Motor Vehicle Accidents Civil Procedure Contract of Carriage/transport (incidental) Assessment of Damages Repair Costs Loss of Use (standby Costs) Interest on Damages +1 more

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Procedural Posture

Assessment of Damages Arising From a Motor Vehicle Collision / Assessment of Damages Following Interlocutory Judgment on Liability

Legal Issues

  1. 1 Whether the claimed repair costs are reasonable and payable
  2. 2 Whether the claimant is entitled to damages for loss of use by reference to standby bus costs
  3. 3 Whether the off-road period claimed is reasonable

Ratio Decidendi

Accepting the independent motor surveyor's adjusted repair cost, accepting plaintiff witnesses on the reasonable off-road period of 13 days and the average daily standby cost of $1,097, the court awarded repair costs $81,579.09, loss of use $14,261 and survey fee $660, totaling $96,500.09, payable by the 1st Defendant together with interest and costs.

Court Disposition

Judgment for the Plaintiff against the 1st Defendant for $96,500.09 with interest and costs

Orders

  • Adjudge the Plaintiff to recover $96,500.09 from the 1st Defendant
  • Award interest on $96,500.09 at half judgment rate from date of accident until the date of this judgment and thereafter at judgment rate until payment