SAMSUNG HONG KONG LTD v. KEEN TIME TRADING LTD

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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ASSESSMENT OF DAMAGES

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1. This assessment of damages was originally heard before me on 26th September 1996 and was adjourned part-heard to a date to be fixed by the parties. At the first hearing the Plaintiff was claiming the price of the goods and freight charges and other expenses which damages had been incurred by the supplier of the goods - Reter Trading Limited.

2. At the conclusion of the second hearing of this part-heard assessment of damages on 14th February 1997 I adjourned to give a written decision as I wanted to read a written transcript of the original hearing in September 1996. I have now read the transcript of all evidence called on this assessment. The Plaintiff had not actually paid its supplier - Reter Trading Limited - the price of the goods. A term of the sales contract was that the buyer - Keen Time Trading Limited (the Defendant) was to open a letter of credit in favour of the supplier - Reter Trading Limited. At the original hearing it became clear that the Court was becoming involved in assessing the expenses, such as, freight, demurrage, etc., which had been incurred by the supplier, Reter Trading Limited, which was not a party to this assessment of damages. A direction was given by the Court that the assessment would be limited to damages and expenses incurred by the Plaintiff rather than its supplier - Reter Trading Limited.

3. As a result the Plaintiff between the first and second hearing of this assessment amended its writ of Summons and Statement of Claim to claim loss of profit and its liability to Reter Trading Limited, its supplier of the goods, in another High Court Action No. A13154 of 1996 between Reter Trading Limited as Plaintiff and Samsung Hong Kong Limited as Defendant. It transpired that damages in this action were assessed by Master Cannon on 12th February 1997 which was only 2 days before the resumed hearing of this assessment.

4. This Master is not prepared and does not consider it appropriate to reopen the assessment made by Master Cannon in HCA No. A13154/96 where damages were assessed against Samsung Hong Kong Limited in the sum of HK$607,667.51. In the course of this assessment Counsel for the Defendant eventually conceded the loss of profit to the Plaintiff (Samsung Hong Kong Limited) as being 1% of the purchase price of the goods in the sum of USD$3,320.00. Accordingly the damages assessed in this action under the amended Writ of Summons and Statement of Claim are as follows:-

5. Interest awarded to the Plaintiff at the judgment rate from the date of the amended Writ and statement of claim, namely, from 7th December 1996, to the date of payment of the aforesaid damages. The costs of this assessment of damages to the Plaintiff against the Defendant with a Certificate for Plaintiff's Counsel.