Hong Kong Case Law: Decisions & Judgments

Topic

Mitigation of damages

Legal area

Court

17 May 2024

THE ONE PROPERTY LTD v. NORTHERN GLOBAL LTD

Citation

[2024] HKDC 779
Court

District Court
Case number

DCCJ3408/2023

Service under s827 Companies Ordinance was effective permitting trial in defendant's absence; the defendant breached the Tenancy Agreement by failing to pay rent and failing to yield up the premises in proper condition; plaintiff appropriately mitigated loss and was entitled to recover arrears, damages for the unexpired term, reinstatement and distraint costs; the security deposit was properly set off against amounts due; the claim to recover prior rent concessions was dismissed for failure to plead a viable cause of action.
26 Jun 2023

WAN’S INVESTMENT LTD v. SUN, DI

Citation

[2023] HKDC 832
Court

District Court
Case number

DCCJ5970/2020

Court exercised discretion to cure a one-day defect in service and proceeded in defendant's absence; accepted plaintiff had validly mitigated loss by re-letting at market rent with a reasonable 1.5 month rent-free concession; disallowed the unparticularised license transfer claim; deducted the security deposit; awarded net damages of HK$440,114, pre-judgment interest at 1% above prime from 6 November 2020 and thereafter judgment rate, and costs of HK$85,000.
22 May 2023

趙宜美 v. OSIPOV DMITRY

Citation

[2023] HKDC 668
Court

District Court
Case number

DCCJ167/2020

The defendant was in breach of the fixed-term tenancy because the landlord never agreed to release him; the plaintiff accepted breach by her Statement of Claim dated 10 January 2020 so her duty to mitigate arose then; she failed to mitigate for four months (late March to late July 2020) and damages were reduced accordingly; damages for loss of rent and repairs were assessed and awarded, set off against the security deposit, and judgment entered for the balance with interest and costs nisi.
28 Apr 2023

HELMS-MAN TRANSFORMERS COMPANY LTD AND ANOTHER v. TOY STATE INTERNATIONAL LTD

Citation

[2023] HKDC 541
Court

District Court
Case number

DCCJ135/2019

The oral guarantee was proved and evidenced by contemporaneous emails and the guarantee letter; it was supported by valuable consideration (P2's agreement to revive delivery and vary payment terms); Shenzhen Nanling repudiated the revived contracts and P2 validly accepted repudiation and mitigated reasonably; the defenses of estoppel by convention and foreign illegality fail because no common assumption existed with D1 and any alleged PRC VAT contraventions were minor/administrative and not of sufficient seriousness to render the contracts unenforceable; accordingly judgment for plaintiffs fo…
31 Mar 2023

SMITH & ASSOCIATES FAR EAST LTD v. EZ RAM TECHNOLOGY LTD

Citation

[2023] HKDC 435
Court

District Court
Case number

DCCJ1268/2019

The court accepted the Samsung report and chain of custody evidence showing the tested units were from the delivered lot and that the goods were counterfeit and did not correspond with the PO/SA description; the defendant therefore breached express and implied terms (including s.15(1) SOGO) and plaintiff was entitled to recover the settlement paid to its customer and the contract price for remaining goods totaling US$152,200 plus interest and costs.
22 Dec 2022

CS ASIA OPPORTUNITIES MASTER FUND v. YAM KA HO LO

Citation

[2022] HKCFI 3621
Court

Court of First Instance
Case number

HCA97/2019

Plaintiff proved breach and loss; sale of shares on 15 February 2022 at market prices constituted reasonable mitigation; award damages of HK$29,956,560, interest at 8% per annum from 17 January 2019 to date of assessment and thereafter at judgment rate, and costs summarily assessed at HK$106,775.
15 Nov 2022

BONNY ACE LTD v. THE ATHLETIC CO., LTD

Citation

[2022] HKDC 1309
Court

District Court
Case number

DCCJ6445/2020

Defendant wrongfully repudiated the tenancy; plaintiff took reasonable mitigation steps; the losses for rent, management and AC charges, government rates and licence fee were proved or properly inferred and were awarded, with set off of deposits, interest at 1% above HSBC prime from 1 December 2020 and costs summarily assessed and awarded to plaintiff.
8 Jan 2021

HIGH HOPE ZHONGDING CORPORATION v. 廈門墩峰進出口有限公司 AND OTHERS

Citation

[2021] HKCFI 32
Court

Court of First Instance
Case number

HCA2485/2015

The court accepted the plaintiff's witnesses as credible and rejected D4 and D5's account as untruthful and inconsistent; accordingly duress was not established, the defendants breached the Repayment Agreement and Supplemental Agreement, and the plaintiff is entitled to damages of RMB42,267,856.52 plus interest at RMB15,074.29 per day from 31 August 2017 until full payment; defendants also failed to prove plaintiff failed to mitigate.
7 May 2019

SIN CHAN KAM v. THE INCORPORATED OWNERS OF WAI SUN BUILDING

Citation

[2019] HKLdT 32
Court

Lands Tribunal
Case number

LDBM43/2016

Tribunal found on balance that the pipe alterations (other than the Altered Vent Pipe and New Pipe 3 U-trap) were carried out with the knowledge and consent of the applicant's agent (Hang Seng) and that the applicant acquiesced for an extended period so equitable relief for demolition/reinstatement was barred; the respondent was liable for water seepage arising from defective common parts and was ordered to repair those common parts and reinstate affected premises within a reasonable time (3 months); the applicant's claim for rental damages was dismissed for failure to prove causation and fai…
25 Jan 2019

KIN TONG LAND INVESTMENT CO LTD v. CAPELLA LTD

Citation

[2019] HKDC 65
Court

District Court
Case number

DCCJ3495/2017

The Agreement was a binding agreement for lease; the defendant repudiated by failing to perform and issuing a dishonoured cheque. The plaintiff reasonably mitigated by marketing and reletting the premises; damages are recoverable for loss of rent, management fees and rates plus half stamp duty, less credit for the adjudged bounced cheque, totaling HK$106,192.52 plus interest and costs nisi.