14 Dec 2020
Court accepted plaintiff's expert valuation and applied the land-and-building (as‑is) basis for mesne profits, awarding compensatory damages of HK$72,494 for occupation from 18/9/2012 to 29/10/2020; court found defendant had repeatedly disregarded prior proceedings and orders and awarded exemplary damages of HK$150,000. Interest and costs were also awarded as specified.
27 Oct 2016
Although unlawful discrimination was established by default, claimant proved no compensable loss: he did not claim special damages in notice, did not prove injury to feelings arising from the treatment on the date, and exemplary damages were inappropriate because the conduct was not shown to be sufficiently outrageous and available remedies were adequate; accordingly no damages awarded and claimant bears his own costs of assessment.
6 Mar 2012
The Court of Appeal held the firm was vicariously liable under s12 of the Partnership Ordinance for the partner's breach of confidence; exemplary damages are available for breach of confidence and may be awarded against a firm under statutory vicarious liability; the trial judge erred by converting unproven compensatory or restitutionary elements into exemplary damages and by awarding pre-judgment interest on punitive damages; accordingly the court set aside the $2.14M award and substituted nominal compensatory damages of $100 and exemplary damages of $400,000, with no pre-judgment interest a…
27 Jul 2009
The court refused to vary the costs order nisi because, although applicants failed on aggravated and exemplary damages, those claims were not unreasonably or unnecessarily made but were respectable and reasonably arguable and the heads of damages were intertwined in the assessment; accordingly the order nisi was made absolute and the respondent must bear the costs of the assessment including the costs of the application to vary, with certificates for two counsel.
27 Jul 2009
The court exercised its discretion under the third Elgindata principle and refused to vary the costs order nisi because the applicants' claims for aggravated and exemplary damages were bona fide and reasonably arguable and the issues between general, aggravated and exemplary damages were intertwined in the context of unlawful detention; therefore the original order nisi was made absolute with certificates for two counsel, the costs of the application to vary form part of the costs of the assessment and are to be borne by the respondent, and the applicants' own costs are to be subject to legal…
3 Mar 1999
The defendant's covert video recording of the plaintiff in her hostel room without consent constituted unlawful sexual harassment under S.39(3) read with S.2 of the Sex Discrimination Ordinance; the plaintiff is entitled to compensatory damages for injury to feelings ($50,000 HKD), exemplary damages to punish and deter ($20,000 HKD), aggravated damages for the defendant's aggravating conduct ($10,000 HKD), a written apology, and costs to the plaintiff including counsel's certificate.
9 Feb 1995
On the evidence the Plaintiff financed the purchase of the Lamma premises (apart from an initial HK$5,000), the property was registered solely in her name and the parties' conduct including prior separation agreement and divorce documentation showed no intended beneficial interest for the Defendant; the Defendant failed to prove he funded the purchase or rebut the Plaintiff's sole ownership, so his counterclaim fails and exemplary damages are not warranted.
24 Dec 1990
The articles were defamatory, the publications referred in fact to the plaintiff by his widely known nickname 'Market Wai', the defendants did not comply with an injunction and published a subsequent related article showing callous indifference; accordingly plaintiff entitled to damages of HK$350,000 against each defendant plus costs.