Fong Kwan Heung and Another v. Trading Express Ltd.

DCCJ014869/2001

DCCJ14869/2001

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 14869 OF 2001

Coram: H H Judge Carlson in Court

Date of Judgment: 5 March 2002

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J U D G M E N T

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1.This is an assessment of damages. The defendant company, a limited company, having failed to enter an appearance, judgment in default of appearance was entered with damages to be assessed. Today, and indeed throughout the period when the court has been giving directions in relation to this assessment, the defendant has taken no part in the matter.

2.The background relates to a lease of a shop; Shop 16 on the Ground Floor of the Kai Hei Lan Building at Tuen Mun. That shop was let by the plaintiffs to the defendant. The claim relates to the unlawful and premature withdrawal from the tenancy by the defendant. The claim is based on loss of rent and it falls into two parts: firstly, during the period when the premises were empty and thereafter, the plaintiffs having very properly sought to mitigate their damages, they were able to re-let the premises but at a lesser rent and so they have also claimed for the shortfall between the contractual rent and the rent under the new tenancy until the expiration of the original tenancy. This all comes to $310,220. I assess damages in that amount.

3.The case is made out on the evidence of Madam Cheng Siu-kiu who has provided a statement and she has attested to the truth of that statement. The statement also attaches to it an assessment of the rental value from experienced surveyors and so I accept all of that evidence. So that is the assessment of damages.

4.There will also be an order for costs of the action.

Representation:

Present: Mr Dominic Lai, of Dominic Y K Lai & Co., for P1 and P2

Defendant in person, absent