HO MAN LAP v. CHAN SHUI CHEONG AND ANOTHER

HO MAN LAP v. CHAN SHUI CHEONG AND ANOTHER

The defendants were found to have continuously trespassed and to have deliberately and dishonestly frustrated lawful execution of writs and court orders; mesne profit of HK$218,667 was awarded; aggravated damages of HK$20,000 were awarded to compensate distress and injury to feelings; exemplary damages of HK$30,000...

Source-derived case information.

Citation
[2020] HKDC 65
Parties
Plaintiff: HO MAN LAP; 1st Defendant: CHAN SHUI CHEONG; 2nd Defendant: YIP YUK KEUNG
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 January 2020
Case Number
DCCJ1462/2017
Procedural Posture
Civil Trespass / Assessment of Damages After Default Judgment
Outcome
Judgment entered against the 1st and 2nd defendants; damages and costs awarded to the plaintiff.
Legal Topics
Trespass, Mesne Profit, Aggravated Damages, Exemplary Damages, Writ of Possession, Enforcement of Possession
Source Language
en
Tort Property Civil Procedure Remedies Damages Enforcement of Judgment Trespass Mesne Profit Aggravated Damages +3 more

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Parties

HO MAN LAP

Plaintiff

CHAN SHUI CHEONG

1st Defendant

YIP YUK KEUNG

2nd Defendant

Procedural Posture

Civil Trespass / Assessment of Damages After Default Judgment

Legal Issues

  1. 1 Whether aggravated damages are payable for the defendants' conduct
  2. 2 Whether exemplary damages are payable for punitive and deterrent purposes
  3. 3 Quantum of mesne profit and additional damages

Ratio Decidendi

The defendants were found to have continuously trespassed and to have deliberately and dishonestly frustrated lawful execution of writs and court orders; mesne profit of HK$218,667 was awarded; aggravated damages of HK$20,000 were awarded to compensate distress and injury to feelings; exemplary damages of HK$30,000 were awarded because the defendants' conduct was calculated to preserve profitable use and to defeat the judgment and therefore required punishment and deterrence; costs were ordered on an indemnity basis as to be taxed if not agreed.

Court Disposition

Judgment entered against the 1st and 2nd defendants; damages and costs awarded to the plaintiff.

Orders

  • HK$218,667 as mesne profit for trespass, jointly and severally payable by the 1st and 2nd defendants to the plaintiff
  • HK$20,000 as aggravated damages, jointly and severally payable by the 1st and 2nd defendants to the plaintiff