14 May 2024
廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS
- Citation
- [2024] HKCFI 1291
- Court
- Court of First Instance
- Case number
- HCCL13/2011
The court held that damages are to be assessed on the basis that the Award had been performed on 27 October 2006 and the Plaintiff would have obtained the 4th Defendant shares and the earnings from development; the most realistic and commercially sensible counterfactual is to measure the Plaintiff's loss by reference to the profits the Plaintiff would have obtained from the actual development carried out by the 5th Defendant as at 27 October 2006, using the 5th Defendant's actual GDV and costs as the proximate basis (with specified adjustments such as deducting land acquisition cost and certa…