FONG KWAN HEUNG AND ANOTHER v. TRADING EXPRESS LTD.

FONG KWAN HEUNG AND ANOTHER v. TRADING EXPRESS LTD.

Defendant repudiated the lease by withdrawing prematurely; plaintiffs mitigated by re-letting and provided credible evidence including a surveyor assessment; accordingly damages for loss of rent were properly assessed and awarded in the sum of $310,220.

Source-derived case information.

Citation
FONG KWAN HEUNG AND ANOTHER v. TRADING EXPRESS LTD.
Parties
1st Plaintiff: Fong Kwan Heung; 2nd Plaintiff: Cheng Siu Kiu; Defendant: Trading Express Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 March 2002
Case Number
DCCJ14869/2001
Procedural Posture
Civil Breach of Lease (assessment of Damages) / Assessment of Damages Following Judgment in Default of Appearance
Outcome
Judgment for plaintiffs against defendant in default of appearance; damages assessed and awarded.
Legal Topics
Repudiation of Lease, Mitigation of Damages, Assessment of Damages, Default Judgment
Source Language
en
Contract Landlord and Tenant Property Civil Procedure Damages Repudiation of Lease Mitigation of Damages Assessment of Damages +1 more

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Parties

Fong Kwan Heung

1st Plaintiff

Cheng Siu Kiu

2nd Plaintiff

Trading Express Limited

Defendant

Procedural Posture

Civil Breach of Lease (assessment of Damages) / Assessment of Damages Following Judgment in Default of Appearance

Legal Issues

  1. 1 Whether the defendant unlawfully and prematurely withdrew from the tenancy
  2. 2 Proper measure of damages for loss of rent including vacant period and re-letting shortfall
  3. 3 Whether plaintiffs mitigated their loss and the effect on damages

Ratio Decidendi

Defendant repudiated the lease by withdrawing prematurely; plaintiffs mitigated by re-letting and provided credible evidence including a surveyor assessment; accordingly damages for loss of rent were properly assessed and awarded in the sum of $310,220.

Court Disposition

Judgment for plaintiffs against defendant in default of appearance; damages assessed and awarded.

Orders

  • Judgment entered in default of appearance against Trading Express Limited
  • Damages awarded to plaintiffs in the sum of 310220 HKD