HILLSBOROUGH HOLDINGS LTD v. CHAN HANG HO COSCO

HILLSBOROUGH HOLDINGS LTD v. CHAN HANG HO COSCO

The court accepted plaintiff's documentary evidence and parts of witness evidence as credible; allowed distraint expenses ($13,190.4) and reinstatement costs ($10,300) in full; accepted claimed loss of rent, service charges and rates but deducted $3,000 for plaintiff's failure to offer the premises for re-letting immediately after repossession (failure to mitigate from 1 Aug 2015); credited deposit of $67,725; awarded total damages of $114,997.2; awarded interest at 6% p.a. from 23 June 2016 to date of judgment and indemnity costs of $55,000.

Citation
[2018] HKDC 911
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 July 2018
Case Number
DCCJ3024/2016
Procedural Posture
Civil Contract (tenancy) / Assessment of Damages (aod) Before Master S.h. Lee
Outcome
Final judgment entered for plaintiff against defendant in the sum of 114,997.2 HKD with interest and indemnity costs
Legal Topics
Breach of Tenancy Agreement, Mitigation of Loss, Reinstatement Costs, Distraint, Indemnity Costs, Interest on Judgment
Source Language
EN
Tenancy Contract Property Civil Procedure Damages Costs Breach of Tenancy Agreement Mitigation of Loss +4 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Contract (tenancy) / Assessment of Damages (aod) Before Master S.h. Lee

Legal Issues

  1. 1 Whether defendant breached the written tenancy agreement and is liable for rent, service charges, rates and reinstatement costs
  2. 2 Whether distraint/auction expenses are recoverable
  3. 3 Whether plaintiff mitigated its loss and effect of any failure to mitigate

Ratio Decidendi

The court accepted plaintiff's documentary evidence and parts of witness evidence as credible; allowed distraint expenses ($13,190.4) and reinstatement costs ($10,300) in full; accepted claimed loss of rent, service charges and rates but deducted $3,000 for plaintiff's failure to offer the premises for re-letting immediately after repossession (failure to mitigate from 1 Aug 2015); credited deposit of $67,725; awarded total damages of $114,997.2; awarded interest at 6% p.a. from 23 June 2016 to date of judgment and indemnity costs of $55,000.

Court Disposition

Final judgment entered for plaintiff against defendant in the sum of 114,997.2 HKD with interest and indemnity costs

Orders

  • Judgment for plaintiff against defendant for 114,997.2 HKD
  • Interest at 6% per annum on the judgment sum from 23 June 2016 to date of judgment and thereafter at judgment rate until payment