Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Total loss assessment
  • 3 Feb 2023

    LEETEX ENTERPRISE LTD v. IP KWOK HUNG

    Citation
    [2023] HKDC 152
    Court
    District Court
    Case number
    DCCJ1879/2018

    On the balance of probabilities the court accepted the motor survey and ancillary evidence that repair costs would exceed pre-accident market value; the vehicle was a total loss so the appropriate measure was market value less scrap proceeds (HK$260,000 less HK$110,000 = HK$150,000). The court awarded that sum plus proved towing, motor survey and handling fees, but disallowed vehicle registration search and police photocopying as special damages (these are recoverable as costs). Interest and party-and-party costs were ordered.