TOP CATERING DEVELOPMENT LTD v. CHAN SZE NGA FIONA t /a TASTY

TOP CATERING DEVELOPMENT LTD v. CHAN SZE NGA FIONA t /a TASTY

Extension of time was refused because Top Catering failed to provide a satisfactory explanation for the delay and its proposed cross-appeal had no reasonable prospect of success: the trial judge's factual finding that termination was by operation of clause 5A was not plainly wrong, clause 5A operated as an enforceable liquidated damages cap of HK$200,000, and Top Catering failed to prove consideration or actual quantum for the alleged oral free-meals agreement.

Citation
[2018] HKCFI 2554
Parties
Plaintiff / Applicant: Top Catering Development Limited; Defendant / Respondent: CHAN SZE NGA FIONA trading as TASTY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 November 2018
Case Number
HCA1817/2015
Procedural Posture
Civil Contract Dispute; Application for Extension of Time to Lodge Cross Appeal / Application for Extension of Time After First Instance Judgment (judgment 30 May 2018); Related Appeal CACV 265/2018 Pending
Outcome
Application for extension of time to lodge cross-appeal refused
Legal Topics
Extension of Time, Liquidated Damages, Mitigation of Loss, Consideration, Measure of Damages, Subcontracting, Oral Agreement for Benefits
Source Language
EN
Contract Law Civil Procedure Damages Appeals Extension of Time Liquidated Damages Mitigation of Loss Consideration +3 more

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Parties

Top Catering Development Limited

Plaintiff / Applicant

CHAN SZE NGA FIONA trading as TASTY

Defendant / Respondent

Procedural Posture

Civil Contract Dispute; Application for Extension of Time to Lodge Cross Appeal / Application for Extension of Time After First Instance Judgment (judgment 30 May 2018); Related Appeal CACV 265/2018 Pending

Legal Issues

  1. 1 Whether an extension of time to lodge a cross-appeal should be granted
  2. 2 Whether clause 5A (liquidated damages) capped Top Catering's recoverable loss on termination
  3. 3 Whether the claimed loss of profits was recoverable beyond the contractual cap

Ratio Decidendi

Extension of time was refused because Top Catering failed to provide a satisfactory explanation for the delay and its proposed cross-appeal had no reasonable prospect of success: the trial judge's factual finding that termination was by operation of clause 5A was not plainly wrong, clause 5A operated as an enforceable liquidated damages cap of HK$200,000, and Top Catering failed to prove consideration or actual quantum for the alleged oral free-meals agreement.

Court Disposition

Application for extension of time to lodge cross-appeal refused

Orders

  • Application for extension of time refused
  • Tasty to have costs of and occasioned by this application