10 Dec 1999
LIU SHING WAH ANNA v. LONGKIND PROPERTY LTD.
- Citation
- LIU SHING WAH ANNA v. LONGKIND PROPERTY LTD.
- Court
- Court of First Instance
- Case number
- HCA9266/1998
Clause 13 and Condition 10 did not operate as liquidated damages because there was no evidence of a genuine pre-estimate agreed or discussed by the parties (clauses were inserted by solicitors and not negotiated), the clause was not a definite pre-estimate and operated indefinitely; therefore the normal measure (contract price less market price at time fixed for completion) applied. The plaintiff also failed in part to mitigate loss by pricing unreasonably and not taking adequate steps; damages were calculated as $2,310,000 less $1,865,000 = $445,000, less forfeited deposit $259,000 and inter…