5 Nov 2013
Defendant breached the temporary lease by failing to execute the formal lease and deliver possession; plaintiff proved measurable financial loss (rent differential and reduced income), allowed deduction for avoided renovation costs, recovery of deposit and interest; accordingly judgment awarded to plaintiff in the sum of HK$619,340 and costs to plaintiff.
27 Dec 1996
Where defendant repudiated and failed to deliver the contracted computer system and was absent at assessment, plaintiff was entitled to recover the deposit and assessed damages comprising wasted preparatory expenses, the additional cost of procuring a comparable replacement system, installation and training costs, temporary staffing and loss of profits for delayed openings; interest awarded from 1 April 1994 at 1% above HSBC best lending rate until judgment rate thereafter; costs to plaintiff.
27 Oct 1992
The plaintiff proved on the balance of probabilities that the machine had a design defect (inadequate spindle lubrication) demonstrated by uncontested expert evidence; that defect amounted to a breach of contract and justified the plaintiff's actions; damages for foreseeable losses were awarded accordingly.