YIP HOI KIT v. WAN SIU LUN AND ANOTHER

YIP HOI KIT v. WAN SIU LUN AND ANOTHER

Master accepted the plaintiff's unchallenged evidence and motor surveyor report, found the vehicle was a total loss with market value HK$95,000, awarded HK$90,000 for loss of vehicle plus HK$650 survey fee (total HK$90,650), interest at the judgment rate from date of writ, and costs assessed at HK$50,000 payable by...

Source-derived case information.

Citation
YIP HOI KIT v. WAN SIU LUN AND ANOTHER
Parties
Plaintiff: Yip Hoi Kit; 1st Defendant (driver): Wan Siu Lun; 2nd Defendant (owner): Lee Tsz Wing
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 March 2014
Case Number
DCCJ1794/2013
Procedural Posture
Civil Assessment of Damages (interlocutory Judgment Entered) / Assessment of Damages After Interlocutory Judgment
Outcome
Judgment for plaintiff
Legal Topics
Negligence, Interlocutory Judgment, Assessment of Damages, Total Loss of Vehicle, Costs Assessment
Source Language
en
Tort Road Traffic Civil Procedure Damages Negligence Interlocutory Judgment Assessment of Damages Total Loss of Vehicle +1 more

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Parties

Yip Hoi Kit

Plaintiff

Wan Siu Lun

1st Defendant (driver)

Lee Tsz Wing

2nd Defendant (owner)

Procedural Posture

Civil Assessment of Damages (interlocutory Judgment Entered) / Assessment of Damages After Interlocutory Judgment

Legal Issues

  1. 1 Quantum of damages for total loss of vehicle
  2. 2 Admissibility and weight of motor surveyor report without maker
  3. 3 Effect of defendants' non‑attendance on assessment

Ratio Decidendi

Master accepted the plaintiff's unchallenged evidence and motor surveyor report, found the vehicle was a total loss with market value HK$95,000, awarded HK$90,000 for loss of vehicle plus HK$650 survey fee (total HK$90,650), interest at the judgment rate from date of writ, and costs assessed at HK$50,000 payable by both defendants.

Court Disposition

Judgment for plaintiff

Orders

  • The 1st and 2nd defendants to pay the plaintiff HK$90,650 with interest at judgment rate from the date of writ to date of payment.
  • Costs of the action to the plaintiff, payable by both defendants, assessed at HK$50,000.