Read the full judgment text of HCCT 3/2010 and HCCT 57/2009 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 3 June 2016 before Hon L Chan J.
Construction and arbitration proceedings between HONG KONG (SAR) HOTEL LIMITED as plaintiff and WING KEY CONSTRUCTION COMPANY LIMITED as defendant. The court addressed the question of awarding interest on the judgment sum after the trial was aborted on 25 July 2011. The court held interest should be awarded to the plaintiff on the judgment sum of HK$10,014,177.50 at a rate of 2.5% above the best lending rate of the Hong Kong Bank from 26 July 2011 until the date of judgment. The defendant failed to respond to the court's request for comments on the interest issue. The court further ruled that if the plaintiff's liability were to be reversed, the defendant would be entitled to the same rate of interest on the counterclaim sum of HK$5,334,851.11 from the date the counterclaim was made until judgment. The orders enforce interest payment by the defendant to the plaintiff, with a conditional reciprocal interest payment. No sentencing or further orders were made.
Legal issues: Award of interest on judgment sum · Interest payable if plaintiff liability reversed
Outcome: Interest awarded to plaintiff at 2.5% above best lending rate from 26 July 2011 to judgment on sum of HK$10,014,177.50; conditional order for same interest rate to defendant on counterclaim sum if plaintiff liability reversed
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