HOLLYWOOD PALACE CO. LTD. v. NICHIO INTERNATIONAL GROUP LTD.

HOLLYWOOD PALACE CO. LTD. v. NICHIO INTERNATIONAL GROUP LTD.

Master found on the balance of probabilities that the plaintiff mitigated its loss, accepted the defendant's repudiation as of 29 September 1998 as the cut-off date for damages, and awarded quantified damages net of the deposit, with interest at contractual and specified post-writ rates and costs to the plaintiff.

Citation
HOLLYWOOD PALACE CO. LTD. v. NICHIO INTERNATIONAL GROUP LTD.
Parties
Plaintiff/landlord: Hollywood Palace Company Limited; Defendant/tenant: Nichio International Group Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 December 2002
Case Number
HCA18536/1998
Procedural Posture
Lease Dispute Landlord Claim for Damages for Repudiation of Lease / Assessment of Damages (post Default Judgment)
Outcome
Assessment allowed in favour of plaintiff; damages awarded net of deposit; interest and costs awarded to plaintiff.
Legal Topics
Repudiation of Lease, Mitigation of Loss, Assessment of Damages, Interest and Costs, Forfeiture
Source Language
EN
Contract Law Landlord and Tenant Civil Procedure Remedies Repudiation of Lease Mitigation of Loss Assessment of Damages Interest and Costs +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Hollywood Palace Company Limited

Plaintiff/landlord

Nichio International Group Limited

Defendant/tenant

Procedural Posture

Lease Dispute Landlord Claim for Damages for Repudiation of Lease / Assessment of Damages (post Default Judgment)

Legal Issues

  1. 1 Whether plaintiff fulfilled duty to mitigate after defendant repudiated lease
  2. 2 Proper cut-off date for calculation of damages following acceptance of repudiation
  3. 3 Quantum of damages payable for arrears and loss of rent

Ratio Decidendi

Master found on the balance of probabilities that the plaintiff mitigated its loss, accepted the defendant's repudiation as of 29 September 1998 as the cut-off date for damages, and awarded quantified damages net of the deposit, with interest at contractual and specified post-writ rates and costs to the plaintiff.

Court Disposition

Assessment allowed in favour of plaintiff; damages awarded net of deposit; interest and costs awarded to plaintiff.

Orders

  • Plaintiff awarded damages in the net sum of HKD 162,581.60
  • Gross damages before deduction of deposit assessed at HKD 341,041.60