9 Sept 1999
LEUNG HING CHOW v. KUAN HENG CHOI
- Citation
- LEUNG HING CHOW v. KUAN HENG CHOI
- Court
- Court of First Instance
- Case number
- HCA13111/1997
The court held clause 20 does not permit a deficiency claim absent an actual resale; common law loss of bargain is available where no resale but measured at market value at time of breach (scheduled completion date); on the evidence there was no loss of bargain; reinstatement costs caused by the Defendant were recoverable under clause 31(b) and awarded $38,000; Defendant liable for rates, government rent and management fees for license and trespass periods, locksmith costs of $1,885, loss of use amounts per the tenancy evidence, and $2,000 for the discarded cabinet; total judgment $52,533.22…