SPRING TRIUMPH HOLDINGS LTD AND ANOTHER v. SAVE ENTERTAINMENT LTD AND ANOTHER

SPRING TRIUMPH HOLDINGS LTD AND ANOTHER v. SAVE ENTERTAINMENT LTD AND ANOTHER

Plaintiffs took reasonable and sufficient steps to mitigate loss by re-letting within around two months; the unchallenged evidence supported the plaintiffs' calculations of mesne profits, management fees and rates for 12 October 2021 to 31 March 2022 totaling HK$368,698.67; the guarantor is liable under the...

Source-derived case information.

Citation
[2022] HKCFI 3686
Parties
1st Plaintiff: SPRING TRIUMPH HOLDINGS LIMITED; 2nd Plaintiff: EXCEL SHINE HOLDINGS LIMITED; 1st Defendant: SAVE ENTERTAINMENT LIMITED (世乎有限公司); 2nd Defendant: CHAN CHAK WING (陳澤榮)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 December 2022
Case Number
HCA1550/2021
Procedural Posture
Commercial Tenancy Dispute / Assessment of Damages (post Judgment Enforcement)
Outcome
Judgment for the Plaintiffs on assessment of damages; Defendants ordered to pay assessed damages, interest and costs; deposit to be applied in set-off
Legal Topics
Tenancy Agreement Breach, Damages Assessment, Mitigation of Loss, Guarantee Liability, Set Off of Deposit, Interest and Costs
Source Language
en
Contract Property Landlord and Tenant Civil Procedure Tenancy Agreement Breach Damages Assessment Mitigation of Loss Guarantee Liability +2 more

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Parties

SPRING TRIUMPH HOLDINGS LIMITED

1st Plaintiff

EXCEL SHINE HOLDINGS LIMITED

2nd Plaintiff

SAVE ENTERTAINMENT LIMITED (世乎有限公司)

1st Defendant

CHAN CHAK WING (陳澤榮)

2nd Defendant

Procedural Posture

Commercial Tenancy Dispute / Assessment of Damages (post Judgment Enforcement)

Legal Issues

  1. 1 Whether plaintiffs mitigated their loss adequately after tenant repudiation
  2. 2 Quantum of mesne profits, management fees and government rates from 12 October 2021 to 31 March 2022
  3. 3 Whether the guarantor is liable under the irrevocable guarantee

Ratio Decidendi

Plaintiffs took reasonable and sufficient steps to mitigate loss by re-letting within around two months; the unchallenged evidence supported the plaintiffs' calculations of mesne profits, management fees and rates for 12 October 2021 to 31 March 2022 totaling HK$368,698.67; the guarantor is liable under the Guarantee; the plaintiffs may set off the retained deposit of HK$199,815 against the assessed damages; defendants must pay the balance with interest and costs.

Court Disposition

Judgment for the Plaintiffs on assessment of damages; Defendants ordered to pay assessed damages, interest and costs; deposit to be applied in set-off

Orders

  • The 1st and 2nd Defendants do pay the 1st and 2nd Plaintiffs the total amount of HK$368,698.67 together with interest on such sum at judgment rate from 31 December 2021 until payment
  • The Plaintiffs are allowed to use the deposit retained in the amount of HK$199,815 to set off against the aforesaid damages assessed by the court