27 Apr 2009
CHOY NGA WAI NANCY v. GENTLE SMART LTD AND ANOTHER
- Citation
- CHOY NGA WAI NANCY v. GENTLE SMART LTD AND ANOTHER
- Court
- District Court
- Case number
- DCCJ4895/2007
Plaintiff was not entitled to assess damages at date of judgment because she did not act reasonably to preserve or obtain specific performance; however the 1st Defendant breached equitable duties and a forced mortgagee sale realised a net gain which equity permits to be partially disgorged, so a Wrotham Park style remedy was appropriate in the circumstances and damages were fixed at HKD 260000 plus interest, with return of deposits and specified interest, and no separate award for wasted conveyancing costs.