29 Jun 2021
RICH FINE (HK) INVESTMENT LTD AND ANOTHER v. LEUNG YIU CHUEN
- Citation
- [2021] HKCA 938
- Court
- Court of Appeal
- Case number
- CACV259/2018
The Court held that termination for repudiatory breach does not extinguish accrued rights or operate as forfeiture; the award of bank-loan interest was set aside because that head of loss was not pleaded and the defendant was prejudiced; the defendant breached fiduciary duties by occupying designated houses without the 1st plaintiff’s consent and must deliver vacant possession and account for mesne profits; the mesne profit award was varied to reflect only two-thirds occupation of House 5 (reduced from HK$45,000 to HK$30,000 per month); appeal otherwise dismissed.