5 Oct 2012
SOUTH CHINA COLD STORAGE & INDUSTRIAL CO. LTD AND OTHERS v. THE INCORPORATED OWNERS OF GOLD KING INDUSTRIAL BUILDING AND ANOTHER
- Citation
- SOUTH CHINA COLD STORAGE & INDUSTRIAL CO. LTD AND OTHERS v. THE INCORPORATED OWNERS OF GOLD KING INDUSTRIAL BUILDING AND ANOTHER
- Court
- District Court
- Case number
- DCCJ3471/2009
Defendants conceded liability for breach of the Deed of Mutual Covenant; however the plaintiffs' claim for damages and recovery of their legal costs was dismissed because the plaintiffs failed to act prudently and cooperate with the IOC, their conduct caused the withdrawal of a BA time extension, they failed to mitigate (a contractor quote was HKD 7,500 versus legal costs of HKD 67,510) and thus their legal expenses were unnecessary and self‑induced; the court granted an order nisi that plaintiffs pay defendants' costs to be taxed if not agreed.