YUN KEE KITCHEN LTD v. LUK KWAN AND ANOTHER

YUN KEE KITCHEN LTD v. LUK KWAN AND ANOTHER

Leave to appeal was dismissed because the grounds attacked the trial judge's factual findings on profit and reasonableness of conduct which were supported by evidence and therefore lacked a realistic prospect of success; the set-off arithmetic was correct and the judge properly exercised discretion on costs.

Citation
YUN KEE KITCHEN LTD v. LUK KWAN AND ANOTHER
Parties
Plaintiff/respondent: Yun Kee Kitchen Limited; Defendants/applicants: The Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 February 2009
Case Number
HCMP5/2009
Procedural Posture
Application for Leave to Appeal (civil) / Court of Appeal Determination on Leave Application
Outcome
Application for leave to appeal dismissed
Legal Topics
Loss of Profits, Mitigation of Damages, Set Off, Repairs and Nuisance, Leave to Appeal, Costs Discretion
Source Language
EN
Landlord and Tenant Civil Procedure Contract Tort Damages Loss of Profits Mitigation of Damages Set Off +3 more

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Parties

Yun Kee Kitchen Limited

Plaintiff/respondent

The Defendants

Defendants/applicants

Procedural Posture

Application for Leave to Appeal (civil) / Court of Appeal Determination on Leave Application

Legal Issues

  1. 1 Whether plaintiff was entitled to loss of profit for closure period
  2. 2 Whether plaintiff mitigated damages reasonably
  3. 3 Proper calculation and set-off of arrears of rent against damages and repair costs

Ratio Decidendi

Leave to appeal was dismissed because the grounds attacked the trial judge's factual findings on profit and reasonableness of conduct which were supported by evidence and therefore lacked a realistic prospect of success; the set-off arithmetic was correct and the judge properly exercised discretion on costs.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed