Hong Kong Case Law: Decisions & Judgments

Topic

Costs of assessment

Legal area

Court

22 May 2014

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

Citation

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

District Court
Case number

DCCJ3158/2012

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.
14 May 2013

CHEA HUNG CHEUNG v. LO TAK YIU AND ANOTHER

Citation

CHEA HUNG CHEUNG v. LO TAK YIU AND ANOTHER
Court

District Court
Case number

DCPI691/2012

On the evidence, notably the motor survey report and supporting receipts and photographs, the Master accepted that repair costs would far exceed the motorcycle's market value and that the motorcycle was a total loss; damages were therefore assessed as the median of the market value range (HK$72,500) less salvage (HK$10,000) = HK$62,500, plus disbursements, interest at judgment rate and costs of assessment of HK$14,000 payable by the defendant.
29 Mar 2012

WANG RUIYUN v. GEM GLOBAL YIELD FUND LTD

Citation

WANG RUIYUN v. GEM GLOBAL YIELD FUND LTD
Court

Court of Final Appeal
Case number

FAMV42/2011

The Court granted conditional leave because the question whether the Court of Appeal's approach to the existence of an available market was of sufficient importance to merit consideration by the Court of Final Appeal, and the procedural objection did not preclude granting leave; leave was conditioned on the applicant paying the respondent's costs of the assessment and in the Court of Appeal as ordered, to be taxed if not agreed.
2 Sept 2005

CHU SHUK HAN v. CHAN YUEN KWOK

Citation

CHU SHUK HAN v. CHAN YUEN KWOK
Court

District Court
Case number

DCCJ1918/2004

The court accepted the surveyor's report as evidence of reasonable repair costs, found the plaintiff proved loss of hire and incidental expenses, and therefore awarded final judgment to the plaintiff in the sum of $64,545.20 with interest from date of writ to date of judgment and thereafter at judgment rate, and ordered the defendant to pay the costs of assessment to be taxed if not agreed.
22 Feb 2005

TSUI KIT MING SUSANNA v. MAN FUNG WING AND ANOTHER

Citation

TSUI KIT MING SUSANNA v. MAN FUNG WING AND ANOTHER
Court

District Court
Case number

DCCJ4131/2004

The court was satisfied the damage to the plaintiff's vehicle was sustained in the 5 June 2001 accident and caused by the defendant's fault; therefore the plaintiff is entitled to damages for repair costs assessed at $61,590 and a survey fee of $760, with interest at judgment rate from the date of writ and costs of the assessment to the plaintiff, to be taxed if not agreed.
24 Feb 1999

FUNG SUEN LAI JACQUELINE v. GREAT TIME INTERNATIONAL LTD.

Citation

FUNG SUEN LAI JACQUELINE v. GREAT TIME INTERNATIONAL LTD.
Court

Court of First Instance
Case number

HCA3909/1998

Award damages equal to the contractual price less the actual resale price achieved by the plaintiff (contract price $23,300,000 minus resale $13,800,000 = $9,500,000); mortgage interest claim disallowed for want of admissible proof and connection to the property; legal costs for the abortive sale allowed; net judgment equals aggregate awarded damages and costs less forfeited deposit, with interest from date of writ and an order nisi for costs of assessment.
22 Oct 1998

KWOK WING MING v. WONG LIN LUNG AND ANOTHER

Citation

KWOK WING MING v. WONG LIN LUNG AND ANOTHER
Court

Court of First Instance
Case number

HCPI1341/1996

On the assessment of damages the court accepts medical findings and plaintiff submissions on quantum; awards $360,000 for pain and suffering, $171,172.50 for pre-assessment loss, $497,232 for future loss, $4,500 for future expenses and $5,800 for other expenses; deducts employees' compensation $182,029.62 and settlement $33,000; awards interest at 2% p.a. from date of writ for pain and suffering and at 6.5% p.a. from date of accident for pre-assessment loss and other expenses; orders costs in favour of plaintiff with costs of document bundles limited to 50 pages.
15 Apr 1996

WAI & CO (A FRIM) v. MA WA BUN

Citation

WAI & CO (A FRIM) v. MA WA BUN
Court

Court of First Instance
Case number

HCA6923/1995

Accepting the Plaintiff's uncontradicted evidence, the Master found the Defendant uttered slanderous accusations in the firm's reception in the presence of clients but there was no evidence of actual damage or malice warranting a high award; consequently a moderate, non-nominal award of $25,000 was appropriate, with interest at 2% per annum from the date of the writ until judgment and costs of the assessment to the Plaintiff with a certificate for Counsel.