Pacific Ace Holdings International Ltd v. Tam Chi Ying and Others

DCCJ 5215/2007

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 5215 OF 2007

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BETWEEN

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Coram :  H.H. Judge Chow

Date of Hearing :  26^th June, 2009

Date of handing down Judgment :  8^th July, 2009

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J U D G M E N T

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1.The aim of this trial is to assess the amounts of mesne profits, management fees and government rates payable by the 1^st and 2^nd Defendants to the Plaintiff, pursuant to the final and interlocutory judgment (“the Judgment”) made by this Court on 23.5.2008. The Judgment is set out below:-

“1. the 1^st and 2^nd Defendants do give the Plaintiff possession of the premises described in the Statement of Claim endorsed on the Writ of Summons at Shop 272, 2^nd Floor, World Wide House, 19 Des Voeux Road Central, Hong Kong (“the Premises”).

2.    the 1^st and 2^nd Defendants do pay the Plaintiff :-

(i) mense profits from 1^st day of October 2007 to the date when vacant possession of the Premises is delivered up to the Plaintiff by the 1^st and 2^nd Defendants to be assessed;

(ii)   management fees at the rate of HK$1,963.20 per month from the 1^st day of October 2007 to the date when vacant possession of the Premises is delivered up to the Plaintiff by the 1^st and 2^nd Defendants;

(iii)  government rates at the rate of HK$2,400.00 per quarter from the 1^st day of October 2007 to the date when vacant possession of the Premises is delivered up to the Plaintiff by the 1^st and 2^nd Defendants;”

3.On 3.9.2008, the Plaintiff obtained possession of the Premises through the bailiff.  Therefore the damages to be awarded will cover the period from 1.10.2007 to 2.9.2008.  The Plaintiff and the 1^st and 2^nd defendants agree that the rate of mesne profits for the Premises is HK$19,630 per month.  The amount of mense profits of the Premises from 1.10.2007 to 2.9.2008 is $217,238.66 ($19,630 x 11 months + $19,630 x ²/₃₀ month).

4.The amount of management fees of the Premises from 1.10.2007 to 2.9.2008 is $21,726.08 ($1,963.2 x 11 months  + $1,963.2 x 2/30 month).

5.The amount of government rates of the Premises from 1.10.2007 to 2.9.2008 is $8,853.33 ($2,400/3 x 11 month + $2,400/3 x ²/₃₀ month).

6.The total amount payable by the 1^st and 2^nd Defendants to the Plaintiff is $247,818.07 ($217,238.66 + $21,726.08 + $8,853.33).

7.The 1^st Defendant argues that the Plaintiff took an unreasonable period of time to recover possession the Premises.  The order for recovering possession of the Premises was granted on 23.5.2008.  On 9.7.2008 Master K. Lo granted leave to the Plaintiff to issue a Writ of Possession for recovery of possession of the Premises.  On 3.9.2008 the bailiff obtained possession of the Premises and delivered the same to the Plaintiff.  From 23.5.2008 to 3.9.2008, it is a period of 3 months and 12 days.  During this period the Plaintiff had to go through various applications in order to get back vacant possession of the Premises, and these applications took time for completion.  The 1^st Defendant has not adduced any particular evidence to show that there is unreasonable delay on the part of the Plaintiff to get back the Premises.

8.I order that the 1^st and 2^nd Defendants do pay the Plaintiff the sum of 247,818.07, being mesne profits, management fees and government rates for the period from 1.10.2007 to 3.9.2008, with interest thereon, at 50% judgment rate, commencing from 1.10.2007 to 2.9.2008, and at judgment rate, commencing from 3.9.2008 until satisfaction.

Costs

9.I make an order nisi, to be made absolute in 14 days’ time, that the 1^st and 2^nd Defendants do pay the Plaintiff costs of these proceedings relating to the assessment of mesne profits, management fees and government rates.

The Plaintiff  :   represented by Mr. Cheung Chi Kit of M/S. Thomas Li & Yu, Solicitors.

The 1^st Defendant  :  represented by Madam Liu Ching Ping, legally unrepresented.

The Defendant  :  present, legally unrepresented.