崔月麗 對 順達家居設計工程有限公司

崔月麗 對 順達家居設計工程有限公司

The court found the defendant had wrongfully ceased work and could not consistently substantiate that plaintiff prevented access; plaintiff validly terminated the contract for repudiatory breach; damages were assessed by reference to reasonable remedial costs and consequential losses, reduced by the defendant's...

Source-derived case information.

Citation
[2018] HKDC 791
Parties
Plaintiff: TSUI YUET LAI TERESA(崔月麗); Defendant: SHUN TAT HOME DESIGN ENGINEERING COMPANY LIMITED(順達家居設計工程有限公司)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
18 July 2018
Case Number
DCCJ3998/2014
Procedural Posture
Construction/renovation Contract Dispute (civil Claim) / Regional Court Judgment After Trial
Outcome
Judgment for plaintiff in net sum of HKD 58,864; interest and costs awarded as below.
Legal Topics
Breach of Contract, Termination for Repudiatory Breach, Remedies and Damages, Remedial Costs, Set Off/counterclaim, Interest and Costs, Implied Terms, Disclosure, Expert Evidence
Source Language
ch
Contract Law Construction Law Tort Property Damage Civil Procedure Evidence Breach of Contract Termination for Repudiatory Breach Remedies and Damages +6 more

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Parties

TSUI YUET LAI TERESA(崔月麗)

Plaintiff

SHUN TAT HOME DESIGN ENGINEERING COMPANY LIMITED(順達家居設計工程有限公司)

Defendant

Procedural Posture

Construction/renovation Contract Dispute (civil Claim) / Regional Court Judgment After Trial

  1. 1 Whether defendant unlawfully ceased work before completion
  2. 2 Quantum and measure of plaintiff's loss for remedial works
  3. 3 Whether defendant entitled to counterclaim for unpaid contract balance and variations

Ratio Decidendi

The court found the defendant had wrongfully ceased work and could not consistently substantiate that plaintiff prevented access; plaintiff validly terminated the contract for repudiatory breach; damages were assessed by reference to reasonable remedial costs and consequential losses, reduced by the defendant's accepted counterclaim, producing a net award of $58,864; interest and costs orders follow accordingly.

Court Disposition

Judgment for plaintiff in net sum of HKD 58,864; interest and costs awarded as below.

Orders

  • Defendant to pay plaintiff HKD 58,864
  • Interest on HKD 58,864 from 30 April 2014 to date of this judgment at best lending rate plus 1% and thereafter at the court judgment rate until payment