26 Jul 2019
CHAN CHAM PONG CEDRIC v. TOO KA MAN AND ANOTHER
- Citation
- [2019] HKDC 971
- Court
- District Court
- Case number
- DCCJ1463/2017
The New Contract operated as a clean plate extinguishing the Original Contract; D2 breached the New Contract by failing to complete the works using reasonable skill and care and by missing the contractual deadline; damages were assessed item-by-item (rectification HKD 49,800; diminished value HKD 105,000; accommodation HKD 46,712; liquidated damages HKD 57,910; inconvenience HKD 100,000) with adjustments to avoid double recovery (deduct remaining balance HKD 86,730 and deduct liquidated damages already awarded) resulting in net judgment HKD 214,782; the 2% daily clause was enforceable under t…