Hong Kong Case Law: Decisions & Judgments

Topic

Calculation of damages

Legal area

Court

9 Apr 2020

FUNG CHI KIN 對 XINSHUYUAN CATERING MANAGEMENT LTD t/a STIR-FRY KING

Citation

[2020] HKDC 125
Court

District Court
Case number

DCEC2677/2016

Court accepted the applicant's evidence and expert opinion that he cannot return to his pre-accident employment and has limited education and skills, making the s9(1A) approach and the Hong Kong Paper Mills formula appropriate. The court fixed pre-accident earnings at HKD17,728 (Government statistics for chefs Q1 2016), used HKD11,555 (security guard Q1 2016) as the suitable comparator for prospective alternative employment, derived a 34.82% loss of earning capacity, awarded permanent incapacity under s9 as HKD592,597, temporary incapacity under s10 as HKD418,853 based on 886 days sick leave,…
13 Dec 2018

THE HONG KONG HOUSING AUTHORITY v. SUPER HAPPY INVESTMENT LTD

Citation

[2018] HKCFI 2674
Court

Court of First Instance
Case number

HCA508/2017

Master allowed the plaintiff's claims except reinstatement costs, finding the plaintiff mitigated its loss by re-letting within two months and by obtaining a replacement tenancy above market rate; awarded damages equal to total loss for two months plus the shortfall between old and new rent (including the three-month rent-free period) to the original tenancy expiry, ordered set offs, rejected contractual rate for pre-judgment interest and awarded interest at Prime+1% from service of the writ to judgment, and summarily assessed costs subject to an order nisi.
14 Dec 2012

C. ART LTD v. MASS ELECTRICAL CO LTD

Citation

C. ART LTD v. MASS ELECTRICAL CO LTD
Court

District Court
Case number

DCCJ4105/2010

The court found the defects were caused by inherent manufacturing/design faults (insufficient sealing, inferior stainless steel grade) demonstrated by returned samples and test reports; the defendant's misuse defence lacked evidential foundation and the unilateral 12 month guarantee did not bind the plaintiff; accordingly defendant breached express contractual terms and was liable to replace goods and to pay quantified damages; counterclaim dismissed.
2 Dec 2011

SZETO MING AND ANOTHER v. LI MAN KEE GAILEY

Citation

SZETO MING AND ANOTHER v. LI MAN KEE GAILEY
Court

Court of Appeal
Case number

CACV80/2011

The appeal was dismissed because the trial judge was not plainly wrong: the defendant's written note and delivery of the cheque constituted an express appropriation to the cash loan which the plaintiffs accepted by depositing the cheque on 11 October 2002, any subsequent oral instruction was ineffective to change that appropriation, the unpleaded third‑party payment defence was properly excluded, and the judge's calculation of outstanding shares, dividends and damages in lieu was sustainable.
28 Nov 2011

CANNING INTERNATIONAL LTD v. FREENET ASIA LTD

Citation

CANNING INTERNATIONAL LTD v. FREENET ASIA LTD
Court

District Court
Case number

DCCJ433/2010

The court found the contractual 'penalty' clause was not a genuine pre-estimate of loss and therefore unenforceable as a penalty; Freenet failed to prove loss from short shipment and failed to prove ownership or provable cost of redeveloping paper patterns; Canning was entitled to its invoices and to bank charges caused by Freenet's conduct in inducing presentation under expired LCs; net judgment awarded to Canning in US$97,613.37 plus interest and costs.
1 Nov 2010

MEYER ALUMINIUM LTD v. MOSTLY STRONG PRECISION METAL INTERNATIONAL LTD

Citation

MEYER ALUMINIUM LTD v. MOSTLY STRONG PRECISION METAL INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCA1716/2009

On the facts the court concluded that binding contracts were formed in respect of POs 1–4 (by acceptance of counter-offers, by conduct and/or by payment of deposit), that the defendant breached those contracts by refusing to take delivery of the finished bespoke goods, that PO5 and PO6 were not established as breaches by the plaintiff on the evidence, and that no contract was formed as to PO7; damages to be assessed by the agreed formula less scrap value $14/kg and interest and costs awarded to the plaintiff.
12 Sept 2008

NATAMON PROTPAKORN v. CITIBANK, NA

Citation

NATAMON PROTPAKORN v. CITIBANK, NA
Court

Court of Appeal
Case number

CACV78/2008

The Court allowed the appeal and restored the Master's order granting leave to amend because the proposed amended pleading raised reasonably arguable, fact‑sensitive issues (existence and effect of collateral/independent agreements, misrepresentation, estoppel/waiver, genuineness of termination and applicability of exemption clauses) that were not bound to fail and were unsuitable for interlocutory disposal; these matters require full trial and discovery.
14 Aug 2006

KEN SIMON AND OTHERS v. CARTER AGENCY INTERNATIONAL LTD

Citation

KEN SIMON AND OTHERS v. CARTER AGENCY INTERNATIONAL LTD
Court

District Court
Case number

DCCJ5005/2005

The court assessed damages by awarding the plaintiffs the unpaid contract remuneration together with the value of the contracted return air-tickets, rejecting a separate loss of earnings award to avoid double recovery; interest was awarded from 1/11/2005.
25 Jul 2005

大通行文儀有限公司 AND ANOTHER v. CHERIE-MINT IMPEX LTD AND ANOTHER

Citation

大通行文儀有限公司 AND ANOTHER v. CHERIE-MINT IMPEX LTD AND ANOTHER
Court

District Court
Case number

DCCJ2373/2002

The 1st Defendant breached the contract by supplying the 2,550 ink cartridges bearing a forged Epson trade mark as established by the convictions and corroborating evidence, and is liable to the 1st Plaintiff for the cost price and measured loss; the 2nd and 3rd Defendants were not found to have made representations or acted with fraudulent intent and are not personally liable; damages limited by privity to the 1st Plaintiff and quantified as the cost price plus a 10% allowance for loss of profit, totalling $201,157.80.
7 Feb 2001

UNION BACE CO. LTD. v. CONVENIENT LTD.

Citation

UNION BACE CO. LTD. v. CONVENIENT LTD.
Court

Court of First Instance
Case number

HCA3250/1998

Plaintiff entitled to loss of bargain calculated as contract price less market value at the contractual date (HK$16,880,000) plus consequential legal costs (HK$42,987), with credit for forfeited deposits (HK$9,450,000), resulting in net damages of HK$7,472,987, plus interest at judgment rate from 23 December 1997 and costs of the assessment with certificate for counsel.