18 Sept 2002
Yip Kui t/a Tai Wo Trading Co. v. The Secretary for Transport
- Citation
- Yip Kui t/a Tai Wo Trading Co. v. The Secretary for Transport
- Court
- Lands Tribunal
- Case number
- LDMR52/2000
Claimant's decision to terminate his business was unreasonable; he had available alternatives (vacant premises, sufficient but opaque company resources) and failed to take reasonable steps to mitigate. Credibility defects in accounts and stock evidence reinforced that conclusion. Therefore compensation limited to reasonable relocation-related costs and agreed loss of fixtures and fittings; total extinguishment claim dismissed and awards reduced to HK$111,057 (relocation incidental costs HK$87,557 plus fixtures HK$23,500).