6 Jul 2012
HO KIN PONG AND ANOTHER v. TAM KOK HUNG AND ANOTHER
- Citation
- HO KIN PONG AND ANOTHER v. TAM KOK HUNG AND ANOTHER
- Court
- District Court
- Case number
- DCCJ624/2010
The court found there was no agreement that the Break Clause was excluded for the second year; the Written Note and the evidence of the intermediary (Leung) did not support the alleged New Rent Deal. The defendant breached the Tenancy Agreement by failing to deliver vacant possession and is liable to reimburse the plaintiffs for sums they were ordered to pay and costs incurred in the related SPA action. The losses were not too remote and the defendant failed to prove any failure to mitigate. Judgment for plaintiffs for HK$573,835 plus interest and costs; counterclaim dismissed.