Hong Kong (Sar) Hotel Ltd v. Wing Key Construction Co Ltd

HCCT 3/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTRUCTION AND ARBITRATION PROCEEDINGS

NO. 3 OF 2010

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HCCT 57/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTRUCTION AND ARBITRATION PROCEEDINGS

NO. 57 OF 2009

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(Consolidated by order of the Honourable Mr Justice Saunders dated the 8th day of February 2010)

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A D D E N D U M

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1.The plaintiff seeks interest on the judgment. The defendant has not responded to my request made on 26th May 2016 for its comment as soon as reasonably practicable on this matter. I now award interest to the plaintiff on the judgment sum.

2.The trial was aborted on 25 July 2011. I would not award any interest for any period prior to that date. I therefore order that the defendant shall pay the plaintiff interest on the sum of HK$10,014,177.50 at the rate of 2.5% above the best lending rate of the Hong Kong Bank from time to time from 26 July 2011 to the date of judgment.

3.If I should be wrong in holding the plaintiff liable and I should have held in favour of the defendant, then I would order the same rate of interest in favour of the defendant on the sum of HK$5,334,851.11 from the day when the counterclaim was made until judgment.

Mr Anthony HK Chan, instructed by Lui & Law, for the plaintiff (in HCCT 3/2010 and HCCT 57/2009)

Mr Niehorster, instructed by Fung Wong Ng & Lam, for the defendant (in HCCT 3/2010 and HCCT 57/2009)