Hong Kong Case Law: Decisions & Judgments

Topic

Pre- and post-judgment interest

Legal area

Court

18 Nov 2024

LAU SUI HING v. SUARD PATRICIA CATHY

Citation

[2024] HKDC 2028
Court

District Court
Case number

DCMP92/2024

Requisitions No 3 and No 5 were validly raised and not satisfactorily answered, entitling the plaintiff to declaratory reliefs 1–3; Clause 7 when construed in context limited liquidated damages to the initial deposit of HK$90,000, but the defendant conceded and the court ordered repayment and damages in the total sum of HK$299,800 together with stamp duty HK$100 and interest; costs awarded at 85% of assessed costs (HK$98,600).
15 Dec 2023

MINMETALS, INC v. YU WING KEUNG DICKY

Citation

[2023] HKCFI 3224
Court

Court of First Instance
Case number

HCA1219/2019

On the balance of probabilities Defendant failed to prove that the disputed payments were made on account of his Guarantee; contemporaneous documents and the payment chronology show the 2017 payments were treated as discharging the Clause 2.1 liability, and the Court properly drew an adverse inference from Defendant’s failure to call Mark Chow; accordingly Plaintiff is entitled to judgment for US$747,537.47 plus interest and costs.
28 Oct 2020

HOTUNG INVESTMENT (CHINA) LTD v. ERIC SHEA KIM HOTUNG

Citation

[2020] HKCFI 2720
Court

Court of First Instance
Case number

HCA77/2012

The court accepted the experts’ valuations and methods, fixed the valuation date as 28 April 2017, assessed market value damages at US$543,427 for the gold coins and US$4,000,000 for the ivory screen (total US$4,543,427), awarded indemnity costs (certificate for two counsel) because the defendant unreasonably refused inspection and conducted obstructive/dilatory litigation, and ordered interest at prime plus 1% from 1 September 2011 to judgment and judgment rate thereafter.
20 Mar 2020

TANG TAK SUM AND ANOTHER v. TANG KAI FONG

Citation

[2020] HKCFI 349
Court

Court of First Instance
Case number

HCA2089/2009

The Court held the Court of Appeal order required a common form account limited to income actually received and expenses incurred; plaintiffs had not pleaded or proven wilful default or any agreement entitling them to occupation rent; the defendant's inadequate records justified limited adverse inferences but not wholesale substitution of market rent; the court computed net income on the evidence and presumptions and awarded plaintiffs one quarter of the net income plus post-judgment interest and costs.
20 Oct 2015

TSOI KEUNG WING v. CHAN CHI KIN JOHNNY

Citation

TSOI KEUNG WING v. CHAN CHI KIN JOHNNY
Court

District Court
Case number

DCCJ953/2014

The court found on the balance of probabilities that the parties entered into the Variation Agreement in late December 2009 fixing annual payments of HK$64,600 for ten years, that the oral agreement was complete and not conditional on execution of a formal written agreement, and that the two payments were made in discharge of the defendant's contractual obligations; accordingly judgment entered for the plaintiff for HK$516,800 with interest and the defendant's counterclaim dismissed.

Hong Kong Case Law

LAU SUI HING v. SUARD PATRICIA CATHY

MINMETALS, INC v. YU WING KEUNG DICKY

HOTUNG INVESTMENT (CHINA) LTD v. ERIC SHEA KIM HOTUNG

TANG TAK SUM AND ANOTHER v. TANG KAI FONG

TSOI KEUNG WING v. CHAN CHI KIN JOHNNY