Read the full judgment text of DCCJ 004895/2007 on BabelCite. This District Court judgment before Deputy District Judge Bernard Mak.
Civil law – contract for sale of land – breach of contract – damages in lieu of specific performance – assessment of damages – date of assessment – loss of bargain – Wrotham Park damages – disgorgement of profits – conveyancing costs – interest on deposits – District Court. Whether damages should be assessed at date of breach or judgment – No, date of breach unless Johnson v Agnew applies – Whether loss of profit recoverable – No, not within contemplation – Whether Wrotham Park damages applicable – Yes, 50% of net gain – Conveyancing costs included in assessment – Interest disallowed for delay period. Damages assessed at HK$260,000.00; Deposits returned HK$278,000.00; Costs order made.
Legal issues: Date of assessment of damages · Loss of profit from resale · Wrotham Park damages · Conveyancing costs · Interest on deposits
Outcome: Damages assessed at HK$260,000.00; Deposits returned HK$278,000.00; Costs order made.
Cites 4 cases