3 Mar 2006
LIU HONG KEUNG v. LIU CHING LEUNG
- Citation
- LIU HONG KEUNG v. LIU CHING LEUNG
- Court
- Court of First Instance
- Case number
- HCA4173/2002
The defendant breached clause 2K by failing to restore the land and failed to provide vacant possession as to encroaching structures; however full cost of reinstatement ($1.8M) would be disproportionate and inappropriate because the plaintiff did not intend to return the land to agricultural use and had authorised repaving in 2002, therefore damages are properly assessed by reference to a reasonable compensation for loss of expectation (loss of amenity) for the period until plaintiff altered the land, together with a sum for mesne profits for encroachment; total judgment $150,000 with orders…