HAW HONG INTERNATIONAL LTD. v. KEI OI WAH, LINIA AND OTHERS

HAW HONG INTERNATIONAL LTD. v. KEI OI WAH, LINIA AND OTHERS

Plaintiff entitled to damages measured by the difference between the contractual rent and the re-let rent for the balance of the lease; events in Beijing in June 1989 did not constitute a novus actus interveniens to make the loss too remote; plaintiff took reasonable steps to mitigate; accordingly the claimed sums...

Source-derived case information.

Citation
HAW HONG INTERNATIONAL LTD. v. KEI OI WAH, LINIA AND OTHERS
Parties
Plaintiff: Plaintiff; 1st Named Defendant: Miss KEI, Oi Wah (Linia); 2nd Named Defendant: Mr. LEUNG, KAI Fai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 May 1990
Case Number
HCA3582/1989
Procedural Posture
Contract Lease (assessment of Damages) / Assessment Hearing Following Interlocutory Judgment Under O.14 FSC (damages to Be Assessed)
Outcome
Plaintiff's claims under Paragraphs 9 and 10 allowed in full.
Legal Topics
Lease Termination, Mitigation of Damages, Remoteness/novus Actus Interveniens, Assessment of Damages, Contractual Interest
Source Language
en
Contract Property Commercial Law Landlord and Tenant Lease Termination Mitigation of Damages Remoteness/novus Actus Interveniens Assessment of Damages +1 more

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Parties

Plaintiff

Plaintiff

Miss KEI, Oi Wah (Linia)

1st Named Defendant

Mr. LEUNG, KAI Fai

2nd Named Defendant

Procedural Posture

Contract Lease (assessment of Damages) / Assessment Hearing Following Interlocutory Judgment Under O.14 FSC (damages to Be Assessed)

Legal Issues

  1. 1 Whether plaintiff relet the premises at a reasonable market rental
  2. 2 Whether events in Beijing in June 1989 constituted a novus actus interveniens breaking causation
  3. 3 Whether the plaintiff took reasonable steps to mitigate loss

Ratio Decidendi

Plaintiff entitled to damages measured by the difference between the contractual rent and the re-let rent for the balance of the lease; events in Beijing in June 1989 did not constitute a novus actus interveniens to make the loss too remote; plaintiff took reasonable steps to mitigate; accordingly the claimed sums are recoverable and contractual interest is payable on the short-period claim.

Court Disposition

Plaintiff's claims under Paragraphs 9 and 10 allowed in full.

Orders

  • Damages awarded to Plaintiff: $411,291.67 (Paragraph 9) and $97,665.00 (Paragraph 10).
  • Contractual interest at 7% per annum above Hong Kong Bank prime to be paid on the sum awarded under Paragraph 10.