GABY ANDERSON v. WUI YIP COMPANY LTD & OTHERS

HCPI000244A/1998

HCPI 244/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

PERSONAL INJURIES ACTION NO.244 OF 1998

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BETWEEN
GABY ANDERSON Plaintiff
AND
WUI YIP COMPANY LIMITED 1st Defendant
KO WING YEUNG MIKE 2nd Defendant
HONG KONG & SHANGI INSURANCE COMPANY LIMITED 3rd Defendant

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Coram : Hon Suffiad J in Court

Dates of Hearing : 21 – 22 June and 20 July 2001

Date of Assessment of Damages : 27 September 2001

Date of Addendum : 15 November 2001

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ADDENDUM TO ASSESSMENT OF DAMAGES

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1. After an assessment of damages hearing in this matter, I gave judgment to the plaintiff in the sum of $783,355.90 on 27 September2001.

2. It has now been brought to my notice that there had been an interim payment made by the defendants to the plaintiff of $200,000.00pursuant to the Order of Seagroatt J made on the 11 January 1999 and which I was not aware of at the assessment hearing. That theamount of $200,000.00 had been paid as interim payment to the plaintiff is accepted by the plaintiff.

3. Accordingly the amount of the judgment as ordered by me on 27 September 2001 needs to be reduced, not only by the amount of the interimpayment made, but also be reduced by a further sum of $14,000.00 to take account of the interest ordered.

4. In the circumstances, the correct amount of the judgment to the plaintiff should be $569,355.90. To that extent, my earlier judgmentgiven on 27 September 2001 is amended.

(A.R. Suffiad)
Judge of the Court of First Instance High Court

Representation:

Mr Nicholas Pirie, instructed by Messrs Munro Claypole & Reeves, for the Plaintiff

The 1st Defendant, Wui Yip Company Limited in person, absent

The 2nd Defendant, Mr Ko Wing Yeung Mike in person, absent (present on 22 June 2001)

Mr Ruy Barretto, SC, instructed by Messrs K.F. Wong & Co., for the 3rd Defendant