23 Feb 2012
HONG JING CO LTD v. ZHUHAI KWOK YUEN INVESTMENT CO LTD
- Citation
- HONG JING CO LTD v. ZHUHAI KWOK YUEN INVESTMENT CO LTD
- Court
- Court of First Instance
- Case number
- HCA156/2006
The court held that the defendant was liable as a constructive trustee and therefore accountable for all unauthorised profits/commissions (amount to be assessed at quantum); the plaintiff lost the chance to acquire the Debts and Properties and that loss is 100%, so contractual damages are assessed on a 100% loss of chance basis; and the appropriate valuation reference date for the Properties is 1 October 2009. The court also has jurisdiction to clarify its prior findings post-judgment.