Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Res inter alios acta

  • 21 May 1970

    HANG TAK CO LTD v. CHU YING LUN AND OTHERS

    Citation
    HANG TAK CO LTD v. CHU YING LUN AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1493/1964

    The appeal fails because there was no factual basis upon which the Deputy Registrar could legitimately implement the trial judge's direction: the 16-storey scheme on which the assessment was directed never came to pass and the plaintiff's adoption of a different 24-storey scheme was not caused by the defendants. Consequential damages claimed were speculative and not shown to have arisen; therefore the nominal award could not be sustained and must be set aside; costs awarded to defendants.

  • 21 Jan 1970

    HANG TAK CO LTD v. CHU YING LUN AND OTHERS

    Citation
    HANG TAK CO LTD v. CHU YING LUN AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1493/1964

    Assessor found on the evidence that the decision to build a 24-storey building could not be attributed solely to the defendants' wrongful holding over (it was a result of multiple intervening events including the 1965 bank run and market conditions), that the 24-storey development was res inter alios acta, and that any temporary loss of potential rental income for six months was wholly offset by the profit the plaintiffs could and did achieve from the subsequent development; therefore no compensable loss was proved and only nominal damages of $1 were appropriate.