IP SING BASIL v. CYBERAGE HOLDINGS LTD

IP SING BASIL v. CYBERAGE HOLDINGS LTD

Defendant was awarded nominal damages of $500 because limited proven loss existed for the initial short period; for the subsequent period recovery was barred by defendant's insistence on admission of liability which unreasonably prevented implementation of the agreed solution; misrepresentation was not established on the evidence; costs nisi ordered to plaintiff.

Citation
IP SING BASIL v. CYBERAGE HOLDINGS LTD
Parties
Plaintiff: Plaintiff; Defendant: Kwok Ching
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 March 2010
Case Number
DCCJ5735/2007
Procedural Posture
Landlord and Tenant; Counterclaim for Damages / Judgment at Trial on Counterclaim
Outcome
Counterclaim partially allowed in nominal damages of HKD 500; misrepresentation claim dismissed; costs nisi to plaintiff to become absolute after 28 days.
Legal Topics
Repair Obligations, Quiet Enjoyment, Misrepresentation, Nominal Damages, Mitigation and Causation
Source Language
EN
Landlord and Tenant Contract Misrepresentation Property Repair Damages Repair Obligations Quiet Enjoyment Nominal Damages +1 more

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Parties

Plaintiff

Plaintiff

Kwok Ching

Defendant

Procedural Posture

Landlord and Tenant; Counterclaim for Damages / Judgment at Trial on Counterclaim

Legal Issues

  1. 1 Whether the plaintiff was liable for the high temperature caused by faulty wiring
  2. 2 Whether the defendant suffered compensable loss of convenience and loss of quiet enjoyment
  3. 3 Whether there was an actionable misrepresentation by the plaintiff prior to the tenancy

Ratio Decidendi

Defendant was awarded nominal damages of $500 because limited proven loss existed for the initial short period; for the subsequent period recovery was barred by defendant's insistence on admission of liability which unreasonably prevented implementation of the agreed solution; misrepresentation was not established on the evidence; costs nisi ordered to plaintiff.

Court Disposition

Counterclaim partially allowed in nominal damages of HKD 500; misrepresentation claim dismissed; costs nisi to plaintiff to become absolute after 28 days.

Orders

  • Defendant awarded nominal damages of HKD 500 in the counterclaim.
  • Costs nisi to Plaintiff; to become absolute after 28 days.