Siu Kai Ming v. Lau Sai Hing

HCA 2131/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 2131 OF 2008

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NOTE TO JUDGMENT

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1.Subsequent to the handing down of the judgment on the 4 June 2013, the Plaintiff’s solicitors wrote to the Court to inquire why my judgment in the Plaintiff’s favour, did not include an award of damages based on an agreed rated of market rent in respect of the premises from 28 October 2008 until vacant procession.

2.I replied to the parties by pointing out that there had been no evidence from the Plaintiff that he had even considered letting the premises.  His sole concern was with sale of the premises as soon as possible.  Furthermore he was still involved with Fancy Spread by virtue of the Memorandum of Agreement and the charge that it had registered against the property.

3.Accordingly the Plaintiff was entitled only to the capital sum expended by him in building the whole house (the contract sum) plus interest from 27 October 2007 until vacant possession of the upper part of the premises is given to him.  Once vacant possession has been given the capital sum would no longer be payable but he would still be entitled to interest accumulated up to that date.  He is also entitled to any mesne profits obtained by Defendant during any of that interim period.

4.By letter dated 11 July 2013 the Plaintiff’s solicitors wrote that the Plaintiff accepted this position.

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CORRIGENDUM

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Page 24 of the Judgment – ‘Paragraph 76 – end of line 3’, (your months …..) should read (four months …..).