UNITED MERCHANTS FINANCE LTD v. KOWLOON COACH TOURS LTD AND ANOTHER

HCA004393/1990

1990 No. A4393

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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BETWEEN

UNITED MERCHANTS FINANCE LIMITED Plaintiff

AND

KOWLOON COACH TOURS LIMITED

1st Defendant

CHOI CHI CHEONG, NELSON

2nd Defendant

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Coram: Master Jones in Court

Date of Hearing: 4 February and 3 June 1991

Date of Delivery of Judgment: 3 June 1991

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JUDGMENT

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1. The plaintiff and the 2nd defendant have agreed to judgment in favour of the plaintiff in terms of the judgment summons of 19th September1990 on which interlocutory judgment was granted. The court orders accordingly.

2. The 2nd defendant guaranteed a hire purchase agreement for four motor vehicles between the plaintiff and the first defendant company.The first defendant has been in default throughout these proceedings.

3. At the initial hearing of this assessment, the plaintiff called evidence from an independent motor surveyor working for an auto adjustersbureau. He was a qualified man with around 20 years experience in his field. The plaintiff also called its debt collection supervisorto explain the breakdown of the expenditure incurred on the vehicles prior to their sale.

4. The first witness, the surveyor, discussed the basis of his valuation of each vehicle at $45,000.00. The debt collection supervisorexplained the method by which bids were sought for the sale of the vehicles. I am satisfied with the evidence of both these witnessesand accept that the plaintiff has minimised its loss. I therefore grant judgment against the first defendant also for the amountand interest specified in the judgment summons of 19th September 1990. Costs are awarded against both defendants for today’s hearingand for the adjourned hearing of 4th February 1991.

( N.L.R. Jones )
Master

Representation:

Mr. Peter Yip – M/s. Charles Yeung Clement Lam & Co. for Plaintiff.

1st Defendant – Kowloon Coach Tours Ltd. (Absent)

2nd Defendant – Choi Chi Cheong, Nelson (Present)