Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Arm's length
  • 19 Jan 2010

    DIAMOND JUBILEE INVESTMENT LTD v. CHAN YIU CHUNG SIDNEY

    Citation
    DIAMOND JUBILEE INVESTMENT LTD v. CHAN YIU CHUNG SIDNEY
    Court
    Court of Appeal
    Case number
    CACV228/2009

    Clause 16(3) is a valid liquidated damages clause (no mitigation required); any resale must be in good faith and at arm's length but the evidence did not show breach of that duty here; Clause 3(5) interest applies only to late payments actually made, not to unpaid installments where liquidated damages are claimed; appeal allowed in part and original summary judgment varied to judgment for Plaintiff for the liquidated sum of $156,408 with specified interest and costs to Plaintiff.