12 Dec 2008
Clause 16(3) permitted recovery of the deficiency and expenses attending resale; the court accepted evidence that payment of stamp duty was a reasonable mitigation expense and recoverable; using the proved resale price, deposit and expenses the court assessed damages at HK$824,089.91 and awarded interest from 5 December 2008.
17 Nov 2004
On the admissible factual matrix the court preferred the plaintiff's and agents evidence that both parties intended the tenancy to start on 1 February 1999 (or at latest 1 April 1999); the defendants 14 October 1998 position that possession would not be available until October 1999 amounted to repudiation and entitled the plaintiff to damages equal to double the initial deposit under clause 9, the sum being a genuine pre-estimate and not a penalty; claims for stamp duty and late stamping penalty were not recoverable and were dismissed.
2 Feb 2001
The judge clarified that (1) unpaid rental reimbursements, post‑vacating rental expenses and removal expenses are not recoverable because they were not part of the claims at trial; (2) amounts actually paid to defendants (including mortgage redemption and price difference payments) must be deducted from damages; (3) stamp duty paid on registered option agreements is recoverable; (4) the $400,000 security deposit is forfeited and must be treated as a deduction; and (5) D36 is entitled to recover costs but those costs must be assessed at the damages hearing with full discovery.
21 Feb 2000
The vendor failed to show a good title because no occupation permit or the necessary certificates of exemption had been produced or shown to exist in a manner eliminating a real risk of enforcement under the Building Ordinance; therefore the vendor was in breach and the purchaser was entitled to repayment of the deposit and to damages and costs (excluding estate agent fees).
1 Feb 2000
The court awarded loss of bargain measured by market value at the contractual completion date minus the contract price and held that reasonably foreseeable incidental expenses (stamp duty and agency commission) are recoverable; interest to run at judgment rate from 17 September 1997 until payment.