Hong Kong (Sar) Hotel Ltd v. Wing Key Construction Co Ltd
Read the full judgment text of HCCT 3/2010 on BabelCite. This High Court CFI judgment was delivered on 3 June 2016 before Hon L Chan J.
Construction and arbitration proceedings — Interest on judgment sum — Trial aborted on 25 July 2011 — Whether interest to be awarded and from when — Plaintiff awarded interest on sum of HK$10,014,177.50 at 2.5% above best lending rate of the Hong Kong Bank from 26 July 2011 to judgment date — Defendant did not respond to court's request for comments — Conditional order for interest to defendant on counterclaim amount if defendant is ultimately held successful — Procedural history includes consolidation of cases HCCT 3/2010 and HCCT 57/2009 and lengthy trial hearings spanning 2012 and 2013 — Judgment delivered as addendum on 3 June 2016.
Legal issues: Award of interest on judgment sum
Outcome: Plaintiff awarded interest on the judgment sum from 26 July 2011 to the date of judgment at the rate of 2.5% above the best lending rate of the Hong Kong Bank; conditional interest order in favor of defendant on counterclaim sum if defendant succeeds.
Cites 1 case
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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 ____________
____________ 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 ____________
____________ (Consolidated by order of the Honourable Mr Justice Saunders dated the 8th day of February 2010)
______________ A D D E N D U M ______________ 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) |
Cases cited in this judgment
Further hearings and rulings under HCCT 3/2010