12 Dec 2025
廈門新景地集團有限公司 formerly known as 廈門巿鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS
- Citation
- [2025] HKCA 1119
- Court
- Court of Appeal
- Case number
- CACV235/2024
The Court of Appeal upheld the trial judge: damages are to be assessed as at the date of the Award (27 October 2006) adopting the counterfactual that the defendants would have procured transfer of the 4th defendant shares and the plaintiff would have continued the existing development (adopting the 5th defendant’s design) because that best gives effect to the Award in the factual matrix known to the tribunal; the trial judge did not misapply legal principles in evaluating expert evidence, was entitled to reject defendants’ accounting adjustments for lack of evidence, properly treated funding…