Hong Kong Case Law: Decisions & Judgments

Topic

Commercial interest

Legal area

Court

29 Jan 2003

SUPER MATE LTD. v. CHAU KAI MING

Citation

SUPER MATE LTD. v. CHAU KAI MING
Court

Court of First Instance
Case number

HCA2634/2000

Court awarded damages on the basis that plaintiff validly elected to terminate on 5 January 2000 and loss of bargain is contract price less market value on that date, giving credit for deposits and prior judgment, resulting in HK$712,600; awarded commercial interest at 2% below prime from writ to judgment and judgment interest thereafter; costs of assessment to plaintiff.
29 Jan 2003

SUPER MATE LTD. v. KEEN SHINE LTD.

Citation

SUPER MATE LTD. v. KEEN SHINE LTD.
Court

Court of First Instance
Case number

HCA2645/2000

The court concluded the plaintiff validly elected to affirm the contract until termination on 5 January 2000, assessed market value at that date (HK$2,900,000), computed damages as contract price less market value less payments and prior judgment, and awarded the plaintiff HK$1,201,000; the court also awarded commercial interest at 2% below prime from the date of the writ to judgment and judgment interest thereafter.
29 Jan 2003

SUPER MATE LTD. v. QUEENVIEW ENTERPRISES LTD.

Citation

SUPER MATE LTD. v. QUEENVIEW ENTERPRISES LTD.
Court

Court of First Instance
Case number

HCA2623/2000

Court accepted plaintiff's election to terminate on 5 January 2000 and measured loss of bargain by market valuation dated 5 January 2000, awarding damages of HK$633,500 after crediting deposits; court awarded commercial interest at 2% below prime from date of writ to judgment and judgment interest thereafter.
29 Jan 2003

SUPER MATE LTD. v. NG KAM FAI

Citation

SUPER MATE LTD. v. NG KAM FAI
Court

Court of First Instance
Case number

HCA2641/2000

The plaintiff was entitled to damages measured as the difference between the contract price and the market value as at the date the plaintiff elected to terminate (5 January 2000), after crediting all payments and prior recoveries; commercial interest at 2% below prime was reasonable to compensate loss of profit from the date of the writ until judgment, with judgment interest thereafter at the judgment rate.
29 Jan 2003

SUPER MATE LTD. v. YIP KAM LIN VENIA

Citation

SUPER MATE LTD. v. YIP KAM LIN VENIA
Court

Court of First Instance
Case number

HCA2621/2000

The court awarded damages measured by the difference between the contract price and the open market value as at the plaintiff's election date (valuation dated 5 January 2000), after crediting deposits and prior judgment sums, and granted commercial interest at 2% below prime from the date of writ until judgment and judgment rate thereafter; costs of the assessment were also awarded to the plaintiff.
29 Jan 2003

SUPER MATE LTD. v. SIU LAI MING STELLA

Citation

SUPER MATE LTD. v. SIU LAI MING STELLA
Court

Court of First Instance
Case number

HCA2642/2000

Plaintiff entitled to damages of HK$756,600 calculated as contract price less open market value at date of termination less deposits paid; commercial interest awarded at 2% below prime from date of writ to judgment to compensate lost profit; judgment interest from date of judgment at judgment rate; costs of assessment to plaintiff.
26 Apr 2002

Super Mate Ltd. v. Wong Nam Ying Irene

Citation

Super Mate Ltd. v. Wong Nam Ying Irene
Court

Court of First Instance
Case number

HCA2646/2000

Court accepted plaintiff's entitlement to treat the contract as on foot until termination on 5 January 2000, assessed loss of bargain by reference to open market value on that date, calculated damages as contract price less market value less prior recoveries resulting in HKD 458600, and awarded commercial interest at 2% below prime from writ to judgment and judgment interest thereafter; costs of assessment awarded to plaintiff.
26 Apr 2002

Super Mate Ltd. v. Grand Town Investment Ltd.

Citation

Super Mate Ltd. v. Grand Town Investment Ltd.
Court

Court of First Instance
Case number

HCA2631/2000

Where a purchaser repudiates and the seller elects to terminate, damages are the loss of bargain measured by contract price less market value as at the date of termination (or a justified valuation date), less sums already paid; commercial interest was properly awarded at 2% below prime from date of writ to judgment and judgment interest thereafter; absent evidence of anticipatory repudiation the seller was entitled to hold buyer to the contract until termination.
26 Apr 2002

Super Mate Ltd. v. Siu Suk Yee

Citation

Super Mate Ltd. v. Siu Suk Yee
Court

Court of First Instance
Case number

HCA2644/2000

Plaintiff was entitled to damages for loss of bargain calculated by reference to market valuation at the date the plaintiff elected to terminate (valuation dated 5 January 2000), with credit for amounts already recovered; damages were assessed at HK$707,600 and commercial interest awarded at 2% below prime from the date of the writ until judgment, with judgment interest thereafter; costs of the assessment hearing awarded to the plaintiff.
26 Apr 2002

Super Mate Ltd. v. Celerich Ltd.

Citation

Super Mate Ltd. v. Celerich Ltd.
Court

Court of First Instance
Case number

HCA2618/2000

Court awarded damages measured by loss of bargain using the valuation at the date of the plaintiff's election to terminate (5 January 2000), credited the deposits paid by the defendant, assessed damages at HK$956,600, awarded commercial interest at 2% below prime lending rate from the date of writ until judgment and judgment interest from date of judgment, and costs of the assessment to the plaintiff.