Hong Kong Case Law: Decisions & Judgments

Topic

Damages for unexpired term

Legal area

Court

21 Apr 2022

WEALTH GOLDMAN LTD v. TIN SHING STONE LTD

Citation

[2022] HKDC 302
Court

District Court
Case number

DCCJ335/2021

Service by registered post to the company's registered office was regular and effective under Companies Ordinance s827 read with IGC Ordinance s8 despite postal delivery to the ground‑floor shop; however the defendant demonstrated a reasonably arguable defence because the forfeiture took effect from an earlier date (18 May 2020) and damages for the unexpired term can only be based on repudiation occurring before forfeiture, so the interlocutory judgment (entered in default) must be set aside.
2 Jun 2010

DYNAMIC WISE TRADING LTD v. CHUNG CHI KWONG

Citation

DYNAMIC WISE TRADING LTD v. CHUNG CHI KWONG
Court

District Court
Case number

DCCJ167/2004

Although the Guarantee imposed secondary liability on the Defendant, the defence of res judicata/abuse of process fails because the Lands Tribunal, prior to the 2008 amendment, lacked jurisdiction to award common law damages for repudiation; therefore the Plaintiff may pursue damages in the District Court and judgment is entered for the Plaintiff in the agreed sum of $175,869.50.
28 Sept 2001

Shing Wei Enterprises Co. Ltd. v. Wu Hsiu Miam

Citation

Shing Wei Enterprises Co. Ltd. v. Wu Hsiu Miam
Court

District Court
Case number

DCCJ3033/2001

Summary judgment was refused because the defendant has articulated an arguable collateral contract defence based on an asserted oral assurance that could, if proved at trial, vary enforcement of the written lease; the facts and plaintiff conduct require further investigation and assessment of loss at trial, so unconditional leave to defend was granted.
22 May 1990

WAYFOONG CREDIT LTD v. NG SIU CHEONG AND OTHERS

Citation

WAYFOONG CREDIT LTD v. NG SIU CHEONG AND OTHERS
Court

Court of First Instance
Case number

HCA4215/1989

Damages for the unexpired term are calculated by taking total remaining rentals, deducting the judicially determined market value of the goods and crediting the Rule of 78 rebate; clause 8(e) cannot preclude judicial determination and the lessor's sale process must be fair; valuations by an independent valuer were preferred to the private realisation prices, producing certified damages totalling HK$82,964.05.
11 May 1984

ANNIE CHAN v. LAU WAI KWONG AND OTHERS

Citation

ANNIE CHAN v. LAU WAI KWONG AND OTHERS
Court

Court of First Instance
Case number

HCA5062/1982

Where a tenant repudiates a lease, a landlord may accept that repudiation and, by giving notice reserving the right to claim damages, recover damages for loss of the unexpired term; on the facts the plaintiff validly accepted repudiation and reserved damages and is entitled to rent for the unexpired term less credits.

Hong Kong Case Law

WEALTH GOLDMAN LTD v. TIN SHING STONE LTD

DYNAMIC WISE TRADING LTD v. CHUNG CHI KWONG

Shing Wei Enterprises Co. Ltd. v. Wu Hsiu Miam

WAYFOONG CREDIT LTD v. NG SIU CHEONG AND OTHERS

ANNIE CHAN v. LAU WAI KWONG AND OTHERS