5 Mar 2013
MEGA YIELD INTERNATIONAL HOLDINGS LTD v. FONFAIR CO LTD
- Citation
- MEGA YIELD INTERNATIONAL HOLDINGS LTD v. FONFAIR CO LTD
- Court
- Court of First Instance
- Case number
- HCA948/2009
Defendant repudiated the Lease by failing to deliver vacant possession; there was no implied contractual obligation on the plaintiff to procure the Waiver by a fixed earlier date and the defendant could not shift responsibility for failing to recover possession to the plaintiff; plaintiff did not fail to mitigate; Aberdeen lease was not a true substitute and The Achilleas principle excludes liability for the disproportionate replacement cost the plaintiff sought; plaintiff entitled to recover wasted reliance expenditure and certain mitigation costs; total damages awarded HK$7,463,708.60 with…