Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Interest clause

Legal area

Court

19 Jan 2010

DIAMOND JUBILEE INVESTMENT LTD v. CHAN YIU CHUNG SIDNEY

Citation

DIAMOND JUBILEE INVESTMENT LTD v. CHAN YIU CHUNG SIDNEY
Court

Court of Appeal
Case number

CACV228/2009

Clause 16(3) is a valid liquidated damages clause (no mitigation required); any resale must be in good faith and at arm's length but the evidence did not show breach of that duty here; Clause 3(5) interest applies only to late payments actually made, not to unpaid installments where liquidated damages are claimed; appeal allowed in part and original summary judgment varied to judgment for Plaintiff for the liquidated sum of $156,408 with specified interest and costs to Plaintiff.
2 Jun 2006

THE INCORPORATED OWNERS OF WINNER BUILDING v. LEUNG NGOK WING AND OTHERS

Citation

THE INCORPORATED OWNERS OF WINNER BUILDING v. LEUNG NGOK WING AND OTHERS
Court

Court of First Instance
Case number

HCA7564/1999

The court held that despite a technical defect in the mode of service under the Third Schedule, the owners had actual notice and waived the irregularity; the resolutions (including the external wall tiles option) were either set forth in the notice or ancillary to matters so set forth and were unambiguous; the works constituted maintenance and were within powers under the DMC; the contractual interest clause was enforceable; accordingly judgment entered for the plaintiff for the amounts claimed with interest and costs.