孫燕枝 v. WONG PIK KUEN t/a JIN FUNG FURNITURE CENTRE formerly known as GOLDEN MAPLE HOUSEHOLD CENTRE

孫燕枝 v. WONG PIK KUEN t/a JIN FUNG FURNITURE CENTRE formerly known as GOLDEN MAPLE HOUSEHOLD CENTRE

Applying the established measure of damages for incomplete building contracts (cost of completion less contract price), the reasonable market cost to complete the works was $501,450, the contract price was $380,000 leaving a shortfall of $170,000, therefore Plaintiff recovers $501,450 - $170,000 = $331,450;...

Source-derived case information.

Citation
孫燕枝 v. WONG PIK KUEN t/a JIN FUNG FURNITURE CENTRE formerly known as GOLDEN MAPLE HOUSEHOLD CENTRE
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 December 2010
Case Number
DCCJ4415/2008
Procedural Posture
Assessment of Damages (contract) / Assessment Hearing Following Interlocutory Judgment for Failure to Defend; Defendant Absent
Outcome
Assessment awarded for Plaintiff against Defendant for damages, interest and costs.
Legal Topics
Breach of Contract, Measure of Damages, Interest on Judgment, Costs
Source Language
en
Contract Civil Procedure Remedies Breach of Contract Measure of Damages Interest on Judgment Costs

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Assessment of Damages (contract) / Assessment Hearing Following Interlocutory Judgment for Failure to Defend; Defendant Absent

Legal Issues

  1. 1 Whether the Defendant breached the contract to complete decoration works
  2. 2 Appropriate measure of damages for incomplete building/decoration contract
  3. 3 Entitlement to interest and costs

Ratio Decidendi

Applying the established measure of damages for incomplete building contracts (cost of completion less contract price), the reasonable market cost to complete the works was $501,450, the contract price was $380,000 leaving a shortfall of $170,000, therefore Plaintiff recovers $501,450 - $170,000 = $331,450; Plaintiff is also entitled to judgment rate interest and costs.

Court Disposition

Assessment awarded for Plaintiff against Defendant for damages, interest and costs.

Orders

  • Plaintiff awarded damages in the sum of $331,450 to be paid by the Defendant.
  • Interest on $331,450 at judgment rate from date of Writ to date of Interlocutory Judgment and thereafter at judgment rate until payment.