18 Oct 2023
WASHING BO LAUNDRY LTD v. NG KWOK WAI AND ANOTHER
- Citation
- [2023] HKDC 1421
- Court
- District Court
- Case number
- DCCJ6892/2020
Court held Clauses 8.3/18/20.8 created a continuing primary obligation to pay the monthly administrative fee so WBL could recover unpaid fees pro-rated to 30 months (HKD90,000); Clause 20.8's HKD20,000 per year was a secondary obligation but protected a legitimate commercial interest (loss of goodwill) and was proportionate, hence enforceable as liquidated damages (HKD50,000 for 30 months); the counterclaim for Octopus overcharges failed because the contractual formula entitled WBL to top up to the contractual minimum and the change of label did not alter substance; total judgment for plainti…