Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rent-free period clause

  • 13 Jul 2023

    VEMBER LORD LTD v. THE SWATCH GROUP (HONG KONG) LTD

    Citation
    [2023] HKCFI 1779
    Court
    Court of First Instance
    Case number
    HCA1114/2020

    The Plaintiff discharged its duty to mitigate by taking reasonable steps in the ordinary course of business to market and re-let the shops; expert market valuations were unnecessary to defeat the mitigation defence but, if considered, the Court preferred the Plaintiff's valuer's approach; the Plaintiff cannot recover rent for the rent-free periods in this damages assessment because such sums are debts reactivated on breach and outside the scope; pre-judgment interest awarded from 23 June 2021 to judgment excluding 10 March 2022 to 29 August 2022; Plaintiff entitled to assessed damages and cos…

  • 13 Jul 2023

    VEMBER LORD LTD v. THE SWATCH GROUP (HONG KONG) LTD

    Citation
    [2023] HKCFI 1779
    Court
    Court of First Instance
    Case number
    HCA1113/2020

    Master found on the facts the Plaintiff took reasonable steps to mitigate and was entitled to full assessment of damages for loss of rent and other items; rent during the rent-free periods is not recoverable in this damages assessment as it is a primary debt claim; pre-judgment interest awarded from 23 June 2021 to judgment excluding 10 March 2022–29 August 2022; costs awarded to Plaintiff on solicitor and own client basis (nisi).