WONG CHUN KWONG and Another v. WONG HON TOO and Others

WONG CHUN KWONG and Another v. WONG HON TOO and Others

The judgment’s explicit specification of mesne profits at HK$53,000 per month constituted a final determination that precluded reassessment of mesne profits on the basis of a higher open‑market rental at the damages assessment; accordingly the assessment was limited to the items not fixed by the prior judgment and...

Source-derived case information.

Citation
WONG CHUN KWONG and Another v. WONG HON TOO and Others
Parties
1st Plaintiff: WONG CHUN KWONG; 2nd Plaintiff: CHAN SUET NGAI; 1st Defendant: WONG HON TOO; 2nd Defendant: WONG CHUN MO; 3rd Defendant: LAI YU WAI; 4th Defendant: CHENG CHUN NGOK
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 March 1995
Case Number
HCA7353/1993
Procedural Posture
Assessment of Damages (post Judgment) / Assessment Hearing Before Master Cannon
Outcome
Assessment allowed in part; prior judgment's mesne profit rate of HK$53,000/month upheld as final and assessment limited accordingly; damages awarded for specified items; aggregate sums calculated and costs ordered nisi.
Legal Topics
Mesne Profits, Vacant Possession, Interpretation of Judgment, Valuation Evidence, Costs, Reinstatement
Source Language
en
Landlord and Tenant Property Law Civil Procedure Damages Mesne Profits Vacant Possession Interpretation of Judgment Valuation Evidence +2 more

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Summary, issues, holding and outcome

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Parties

WONG CHUN KWONG

1st Plaintiff

CHAN SUET NGAI

2nd Plaintiff

WONG HON TOO

1st Defendant

WONG CHUN MO

2nd Defendant

LAI YU WAI

3rd Defendant

CHENG CHUN NGOK

4th Defendant

Procedural Posture

Assessment of Damages (post Judgment) / Assessment Hearing Before Master Cannon

Legal Issues

  1. 1 Whether the prior judgment’s specific monthly mesne profit figure ($53,000) precludes assessing mesne profits at a higher open‑market rental at the damages assessment stage
  2. 2 Whether, alternatively, damages should be assessed by reference to the renewal clause rental
  3. 3 What items of damages are recoverable (rates, management fees, reinstatement) and their quantum

Ratio Decidendi

The judgment’s explicit specification of mesne profits at HK$53,000 per month constituted a final determination that precluded reassessment of mesne profits on the basis of a higher open‑market rental at the damages assessment; accordingly the assessment was limited to the items not fixed by the prior judgment and the totals were calculated consistent with the prior judgment.

Court Disposition

Assessment allowed in part; prior judgment's mesne profit rate of HK$53,000/month upheld as final and assessment limited accordingly; damages awarded for specified items; aggregate sums calculated and costs ordered nisi.

Orders

  • Award damages to plaintiff in the sum of HK$59,748.70
  • Under the prior judgment add arrears of rent and rates HK$76,631.18 and mesne profits at HK$53,000 per month from 1/8/93 until 10/6/94 totaling HK$547,667.00 less deposit HK$106,000.00 resulting in total sum due HK$578,046.88