KEEP POINT DEVELOPMENT LTD. v. CHAN CHI YIM AND OTHERS

KEEP POINT DEVELOPMENT LTD. v. CHAN CHI YIM AND OTHERS

The judge clarified that (1) unpaid rental reimbursements, post‑vacating rental expenses and removal expenses are not recoverable because they were not part of the claims at trial; (2) amounts actually paid to defendants (including mortgage redemption and price difference payments) must be deducted from damages; (3) stamp duty paid on registered option agreements is recoverable; (4) the $400,000 security deposit is forfeited and must be treated as a deduction; and (5) D36 is entitled to recover costs but those costs must be assessed at the damages hearing with full discovery.

Citation
KEEP POINT DEVELOPMENT LTD. v. CHAN CHI YIM AND OTHERS
Parties
Plaintiff: KEEP POINT DEVELOPMENT LIMITED; 1st Defendant: CHAN CHI YIM & NGAI YUET FONG & 62 OTHER DEFENDANTS; 1st Third Party: FULL COUNTRY DEVELOPMENT LIMITED (in Liquidation); 2nd Third Party: YUEN SUNG & CO (a Firm of Solicitors)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 February 2001
Case Number
HCMP6550/1998
Procedural Posture
Miscellaneous Proceedings HCMP 6550/1998 / Ruling — Clarification on Assessment of Damages
Outcome
Judgment for the defendants against the 2nd Third Party for damages to be assessed; clarifications and directions given on what is deductible and what may be recovered; costs assessment directions given.
Legal Topics
Assessment of Damages, Rental Reimbursements, Removal Expenses, Stamp Duty Recovery, Security Deposit Forfeiture, Mortgage Redemption, Costs Assessment, Deduction of Payments
Source Language
EN
Contract Property Civil Procedure Costs Tax (stamp Duty) Assessment of Damages Rental Reimbursements Removal Expenses +5 more

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Parties

KEEP POINT DEVELOPMENT LIMITED

Plaintiff

CHAN CHI YIM & NGAI YUET FONG & 62 OTHER DEFENDANTS

1st Defendant

FULL COUNTRY DEVELOPMENT LIMITED (in Liquidation)

1st Third Party

YUEN SUNG & CO (a Firm of Solicitors)

2nd Third Party

Procedural Posture

Miscellaneous Proceedings HCMP 6550/1998 / Ruling — Clarification on Assessment of Damages

Legal Issues

  1. 1 Whether unpaid rental reimbursements and post‑vacating rental expenses are recoverable
  2. 2 Whether removal expenses are recoverable
  3. 3 Whether stamp duty on registered option agreements is recoverable

Ratio Decidendi

The judge clarified that (1) unpaid rental reimbursements, post‑vacating rental expenses and removal expenses are not recoverable because they were not part of the claims at trial; (2) amounts actually paid to defendants (including mortgage redemption and price difference payments) must be deducted from damages; (3) stamp duty paid on registered option agreements is recoverable; (4) the $400,000 security deposit is forfeited and must be treated as a deduction; and (5) D36 is entitled to recover costs but those costs must be assessed at the damages hearing with full discovery.

Court Disposition

Judgment for the defendants against the 2nd Third Party for damages to be assessed; clarifications and directions given on what is deductible and what may be recovered; costs assessment directions given.

Orders

  • Unpaid rental reimbursements and post‑vacating rental expenses are not recoverable and not to be allowed in the damages assessment
  • Removal expenses are not recoverable