NG LAI HA v. FONG WAI KAY

DCCJ6957/2002

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 6957 OF 2002

Coram: H H Judge H C Wong in Court

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JUDGMENT ON ASSESSMENT OF DAMAGES

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1. A judgment against the defendant was obtained on 6 November 2003 at the plaintiff's application to strike out the defence and application for judgment to be entered.

2. The defendant is absent today. After hearing Mr Lee and after reading the affirmation of service, I am satisfied that the defendant was served the notice of hearing and have ample notice to appear today, but the defendant is absent.

3. At today's hearing of assessment the plaintiff called the plaintiff, Madam Ng, to testify that the damaged part of the floor and skirting of her flat had been repaired at the cost of $20,000. This amount had been paid to the contractor for the work done.

4. I am satisfied the cost of the repair was incurred and the work was paid for. Supported by the receipt that Madam Ng produced, I assess the damage therefore to be $20,000 and I so award to the plaintiff.

5. Interest on the award of $20,000 will be at full judgment rate from 21 December 2003 until full satisfaction of the judgment debt.

6. Costs to the plaintiff to be taxed if not agreed.

Representation:

Present: Mr E Lee, of Messrs Lau, Lee & Tang, for the Plaintiff

Defendant, in person, absent