SIU KAI MING v. LAU SAI HING

SIU KAI MING v. LAU SAI HING

Because the plaintiff failed to adduce evidence of an intention to let or to mitigate by letting, the court declined to award rent-based damages from 28 October 2008; instead the plaintiff was entitled to recover the capital sum expended (the contract sum) plus interest from 27 October 2007 until vacant possession...

Source-derived case information.

Citation
SIU KAI MING v. LAU SAI HING
Parties
Interested Party: Fancy Spread
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 July 2013
Case Number
HCA2131/2008
Procedural Posture
Property/contract Dispute / Judgment (note to Judgment and Corrigendum)
Outcome
Judgment for plaintiff awarding contract (capital) sum and interest; no award of rental damages; entitlement to mesne profits pending vacant possession.
Legal Topics
Mesne Profits, Interest, Vacant Possession, Quantification of Damages, Mitigation
Source Language
en
Property Law Contract Law Remedies Damages Mesne Profits Interest Vacant Possession Quantification of Damages +1 more

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Parties

Fancy Spread

Interested Party

Procedural Posture

Property/contract Dispute / Judgment (note to Judgment and Corrigendum)

Legal Issues

  1. 1 Whether plaintiff entitled to damages measured by market rent from 28 October 2008 to vacant possession
  2. 2 Whether plaintiff proved intention to let the premises or otherwise mitigate loss
  3. 3 Proper measure of relief: capital sum expended (contract sum) versus rental damages

Ratio Decidendi

Because the plaintiff failed to adduce evidence of an intention to let or to mitigate by letting, the court declined to award rent-based damages from 28 October 2008; instead the plaintiff was entitled to recover the capital sum expended (the contract sum) plus interest from 27 October 2007 until vacant possession and to any mesne profits obtained by the defendant in the interim.

Court Disposition

Judgment for plaintiff awarding contract (capital) sum and interest; no award of rental damages; entitlement to mesne profits pending vacant possession.

Orders

  • Award plaintiff the capital sum expended in building the whole house (the contract sum).
  • Award interest on that capital sum from 27 October 2007 until vacant possession of the upper part of the premises is given to the plaintiff.