Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Total loss valuation

  • 16 Jul 2018

    WONG KA WAH v. TAI MA HO AND ANOTHER

    Citation
    [2018] HKDC 844
    Court
    District Court
    Case number
    DCCJ1962/2017

    On accepted expert evidence the vehicle was beyond economic repair; plaintiff entitled to pre‑accident market value of $330,000 less salvage $76,000, plus reasonable ancillary expenses ($750 survey fee, $3,500 handling, $45 registration search fee); final judgment for plaintiff against 2nd defendant for $258,295 with interest from 21 Sept 2015 at HSBC best lending rate and costs summarily assessed at $53,000.

  • 18 May 2011

    TAI CHEUNG PROPERTIES LTD v. LAW KA MAN

    Citation
    TAI CHEUNG PROPERTIES LTD v. LAW KA MAN
    Court
    District Court
    Case number
    DCCJ1571/2010

    Vehicle was found to be a total loss on reliable expert evidence; proper measure of damages is the difference between the pre-accident market value and the actual resale (scrap) value, plus reasonable incidental expenses (survey and towing); procedural defects in written expert reports required oral declaration and filing of hearsay notice before the reports could be admitted, which was corrected and oral expert evidence was admitted; accordingly damages assessed at pre-accident value plus fees less scrap value.

  • 24 Jan 2007

    MAXSON TRANSPORTATION LTD v. POON WAI HANG

    Citation
    MAXSON TRANSPORTATION LTD v. POON WAI HANG
    Court
    District Court
    Case number
    DCCJ5140/2006

    Defendant was liable for negligently causing the collision; the PLB was beyond economic repair and plaintiff proved loss of vehicle (market value HK$310,000 less scrap HK$30,000 = HK$280,000), loss of operating income for 23 days of HK$51,075.08 and survey fee HK$750; judgment is entered for the plaintiff for HK$331,825.08 plus interest (half-judgment rate 5.467% pa from writ date to interlocutory judgment and judgment rate thereafter) and costs to be taxed if not agreed; vehicle search fee HK$45 is not recoverable as damages but as costs.