TEARAWAY LTD v. INSINGER BRUMBY LTD AND ANOTHER

TEARAWAY LTD v. INSINGER BRUMBY LTD AND ANOTHER

Defendants breached the lease by defaulting on rent; plaintiff lawfully exercised re-entry and forfeited the deposit under clause 4.1; plaintiff took reasonable steps to mitigate and sold the property; damages for the unexpired term are assessed up to the conveyance/completion date (28 January 2003) and are quantified at HK$214,815, with commercial interest of 1% above prime from date of writ until judgment and judgment rate thereafter.

Citation
TEARAWAY LTD v. INSINGER BRUMBY LTD AND ANOTHER
Parties
2nd Defendant: Frederik Ernest van Tuyll van Serooskerken
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 July 2003
Case Number
DCCJ6714/2002
Procedural Posture
Contract Lease (landlord and Tenant) / Assessment of Damages After Interlocutory Judgment
Outcome
Judgment for plaintiff. Damages assessed in favour of plaintiff and interest awarded; costs order nisi for assessment granted.
Legal Topics
Assessment of Damages, Mitigation of Loss, Forfeiture of Deposit, Guarantee, Re Entry, Interest
Source Language
EN
Contract Property Landlord and Tenant Civil Procedure Assessment of Damages Mitigation of Loss Forfeiture of Deposit Guarantee +2 more

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Parties

Frederik Ernest van Tuyll van Serooskerken

2nd Defendant

Procedural Posture

Contract Lease (landlord and Tenant) / Assessment of Damages After Interlocutory Judgment

Legal Issues

  1. 1 Whether defendants breached the tenancy by defaulting on rent
  2. 2 Whether plaintiff validly re-entered and forfeited deposit under clause 4.1
  3. 3 Extent of damages for unexpired term and appropriate assessment date

Ratio Decidendi

Defendants breached the lease by defaulting on rent; plaintiff lawfully exercised re-entry and forfeited the deposit under clause 4.1; plaintiff took reasonable steps to mitigate and sold the property; damages for the unexpired term are assessed up to the conveyance/completion date (28 January 2003) and are quantified at HK$214,815, with commercial interest of 1% above prime from date of writ until judgment and judgment rate thereafter.

Court Disposition

Judgment for plaintiff. Damages assessed in favour of plaintiff and interest awarded; costs order nisi for assessment granted.

Orders

  • Damages awarded to plaintiff in the sum of HK$214,815
  • Interest at commercial rate (1% above prime) from date of writ until judgment and thereafter at judgment rate until payment