Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Assignment/transfer of licences

Legal area

Court

16 Aug 2022

TREASURE EXPRESS INDUSTRIAL LTD v. DRAGON WORKSHOP LTD AND ANOTHER

Citation

[2022] HKDC 839
Court

District Court
Case number

DCCJ4006/2018

Tenant breached Clause 16 by conditioning execution of transfer forms on full refund; breach date found to be 10 August 2017; but-for the breach the transfers would likely have proceeded and Fresh applications, additional consultancy costs of HK$63,000 and apportioned renovation cost of HK$9,000 were caused by the breach; total loss HK$72,000 deductible from retained deposit of HK$40,144.73 leaving Tenant and Lai liable to pay HK$31,855.27; counterclaim dismissed; costs order nisi that Tenant pay 85% of costs to be taxed on Small Claims Tribunal scale; pre-judgment interest at 1% above prime…
16 Aug 2022

DRAGON WORKSHOP LTD AND ANOTHER v. TREASURE EXPRESS INDUSTRIAL LTD AND ANOTHER

Citation

[2022] HKDC 839
Court

District Court
Case number

DCCJ2497/2018

The Tenant breached Clause 16 by refusing to sign and assist with the licence transfer (breach date 10 August 2017); as a direct result the New Tenant incurred additional consultancy costs of HK$63,000 and attributable renovation costs of HK$9,000 (total HK$72,000) recoverable from the Tenant; the Landlords may set off that loss against the retained deposits of HK$40,144.73 and the Tenant must pay the balance of HK$31,855.27; the Tenant's counterclaim is dismissed; costs ordered nisi in favour of the Landlords at 85% on a Small Claims Tribunal scale.