10 Jan 2014
CAPELLA LTD v. ABILITY R&D LTD
- Citation
- CAPELLA LTD v. ABILITY R&D LTD
- Court
- District Court
- Case number
- DCCJ4509/2011
The court found that Ability consented to postponements (including due to pipe burst and other contractors), that completion occurred upon Ability signing the Completion Key Delivery on 20 January 2011, and therefore the liquidated damages clause was not triggered; Ability failed to prove rental loss; Capella was liable for specific defects with remedial costs fixed at HK$189,117.50 which were set off against Capella's claimed HK$473,785, yielding a net judgment for Capella of HK$284,667.50 plus interest and costs order nisi for 70% of costs to plaintiff.