25 Jul 2003
PREAMBLE PROPERTIES FINANCE LTD v. ITALIAN MOTORS (SALES & SERVICE) LTD AND ANOTHER
- Citation
- PREAMBLE PROPERTIES FINANCE LTD v. ITALIAN MOTORS (SALES & SERVICE) LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2135/2000
Court found on credibility and probabilities that Ma was 100% negligent for turning into the scrap-yard entrance without adequate lookout or signal and that Italian Motors' driver was not negligent; plaintiff failed to prove loss of hire and no-claims loss so awarded only nominal damages of HKD 100; Italian Motors having paid for repairs and granted a trade-in discount is entitled to recover contribution from Ma under Cap.377 but only to the extent the payments are not excessive, fixed at HKD 458,180 for repairs and HKD 150,000 for diminution (total HKD 608,180) with interest and costs.