Hong Kong Case Law: Decisions & Judgments

Topic

Diminution in value

Legal area

Court

25 Sept 2025

李浩光及另一人對陳俊傑及另一人

Citation

[2025] HKDC 1624
Court

District Court
Case number

DCCJ1319/2022

The court accepted the plaintiffs' uncontradicted evidence and documentary proof; repair cost of HKD113,223.80 is a reasonable measure of diminution in value where repair is economic, and towing, replacement hire and inspection/consultancy fees shown by receipts are recoverable. Damages were assessed at HKD12,712 for first plaintiff and HKD115,023.80 for second plaintiff; defendants ordered to pay interest from the date of the accident and plaintiffs' costs (assessment portion fixed at HKD108,000).
2 Feb 2023

CHAN YEE TAK RACHEL AND ANOTHER v. DSM INTERIOR DESIGN LTD

Citation

[2023] HKCFI 311
Court

Court of First Instance
Case number

HCA1641/2020

Defendant repudiated and breached the six contracts and an implied term of reasonable care; the expert valuation (adjusted by the court) established the value of works done at HK$2,785,550, entitling Plaintiffs to refund of overpayment (HK$4,265,366), and Plaintiffs are also entitled to rectification costs (HK$5,218,565), pest removal (HK$5,400), clearance (HK$2,000), loss of rental income (HK$280,000) and general damages for inconvenience (HK$50,000), totalling HK$9,821,331 plus interest and costs.
20 Nov 2020

LEUNG CHUNG TAK BARRY v. WAN HOI PING

Citation

[2020] HKDC 1083
Court

District Court
Case number

DCPI4019/2019

The pleaded claims for loss of the vehicle and related loss of use and ancillary costs (sections 5 and 6 of Section B) were struck out because only the registered owner (Profit Power) had a cause of action to recover diminution in value and loss of use; the plaintiff's status as sole director/shareholder did not make him the legal or beneficial owner for purposes of these claims; the claims were plainly unsustainable and the Master correctly struck them out; an unserved joinder or unpursued separate action did not cure the defect.
5 May 2011

LAM ROGERIO SOU FUNG v. TAN SOON GIN GEORGE

Citation

LAM ROGERIO SOU FUNG v. TAN SOON GIN GEORGE
Court

Court of First Instance
Case number

HCA2576/2005

On the balance of probabilities the court preferred Lam\'s account that the disputed antiques were loaned to Tan in 1982; accordingly Lam was declared owner of the Deep Dish and Quail Dishes, entitled to the sale proceeds of the Guyuexuan Vase, Stemcup and Double Gourd, delivery up of the two unsold items was ordered, conversion damages were awarded equal to the hammer prices (net to seller) and nominal damages awarded for wrongful detention; diminution claims lacked sufficient evidence and were dismissed.
29 Jun 2004

HONG KONG CONSTRUCTION CO LTD v. NG FUK CHOI AND ANOTHER

Citation

HONG KONG CONSTRUCTION CO LTD v. NG FUK CHOI AND ANOTHER
Court

Court of First Instance
Case number

HCA3427/2002

Court accepted plaintiff's expert evidence that a 5%–7% diminution in market value would occur after repair (adopted 6% median), found repaired value (HK$1,048,100) was less than repair cost plus scrap (HK$1,050,000) and thus treating the vehicle as a total loss was reasonable; awarded the pleaded items in full leading to damages of HK$828,748, interest from 13 October 2000, and costs to follow (Order nisi).
26 Apr 2001

YUEN KIT YEE v. GREAT RICH DEVELOPMENT LTD.

Citation

YUEN KIT YEE v. GREAT RICH DEVELOPMENT LTD.
Court

Court of First Instance
Case number

HCA17748/1998

Defendant was liable for breach of covenant for title by conveying a unit with intrusive pipes; the correct measure is diminution in value of the unit caused by the pipes using the saleable area as stated in the agreement and set‑price valuation methodology, with additional awards for consequential losses and a lump sum for future maintenance disturbance; quantum was determined as $218,409 diminution plus specified ancillary sums, interest and costs.

Hong Kong Case Law

李浩光及另一人 對 陳俊傑及另一人

CHAN YEE TAK RACHEL AND ANOTHER v. DSM INTERIOR DESIGN LTD

LEUNG CHUNG TAK BARRY v. WAN HOI PING

LAM ROGERIO SOU FUNG v. TAN SOON GIN GEORGE

HONG KONG CONSTRUCTION CO LTD v. NG FUK CHOI AND ANOTHER

YUEN KIT YEE v. GREAT RICH DEVELOPMENT LTD.

李浩光及另一人對陳俊傑及另一人