24 May 1994
LUEN WAI CRANE ENGINEERING CO. v. AJAX PONG CONSTRUCTION EQUIPMENT LTD.
- Citation
- LUEN WAI CRANE ENGINEERING CO. v. AJAX PONG CONSTRUCTION EQUIPMENT LTD.
- Court
- Court of First Instance
- Case number
- HCA5972/1992
On the evidence the HK$100,000 deposit was not a penalty but a genuine pre-estimate of loss enforceable on the plaintiff's default; the HK$1,000 per day clause was a warehouse/late-acceptance provision and could not be used as a general measure of damages for the plaintiff's breach; plaintiff's claim for return of the deposit is dismissed and the defendant is entitled to forfeit the deposit; costs awarded to defendant to the extent of 80%.