17 Feb 2012
WING TAT HABERDASHERY CO LTD v. ELEGANCE DEVELOPMENT & INDUSTRIAL CO LTD
- Citation
- WING TAT HABERDASHERY CO LTD v. ELEGANCE DEVELOPMENT & INDUSTRIAL CO LTD
- Court
- Court of Appeal
- Case number
- CACV126/2011
The judge had no evidential basis to halve the defendant's counterclaim; absent findings identifying which items were not direct and natural consequences or reasonably avoidable, the Court of Appeal allowed the defendant's appeal and awarded the defendant the full counterclaim of HK$411,579.60, offset against the plaintiff's accepted claim, producing a net judgment for the defendant of HK$127,596.78, with costs to the defendant for the counterclaim and the appeal.