SILVERCORD LTD v. YAU AHMED AMINAH AND ANOTHER both t/a COME BAGS & ACCESSORIES

DCCJ4425/2007

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO. 4425 OF 2007

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D E C I S I O N

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1.  This is my assessment of damages in this action.  The plaintiff entered final and interlocutory judgment against the defendants on 15 November 2007 in this action.  The plaintiff is the registered owner and landlord of the premises known as Shop No.BM12 of VIM on the basement of Silvercord at 30 Canton Road, Tsim Sha Tsui, Kowloon (hereinafter referred to as “the property”).

2.  The two defendants are the tenants under a two-year tenancy agreement dated 10 May 2006, at a monthly rental of $30,000 and a service charge of $3,894.80 per month.  Under the tenancy agreement, the defendants paid a rental deposit of $101,684.40 and this had been kept by the plaintiff.  On 15 October 2006 the defendants departed from the property and returned the keys to the property without the consent and release by the plaintiff.  The plaintiff repossessed the premises on 26 November 2006.

3.  The plaintiff is now asking for damages to be assessed.  The reason for the plaintiff’s further loss is because the plaintiff had not been able to let the property out since the departure of the two defendants in spite of enlisting the assistance of estate agents and advertising the vacancy of the property at Silvercord.  In August 2007 the plaintiff decided to refurbish the whole shopping mall and served a notice of termination on all tenants in the shopping mall on 15 November 2007, which it duly did on that date.  The plaintiff now asks for loss of rental and service charges and interests accrued for the costs.

4.  I accept the plaintiff’s claim of loss of rental under the tenancy agreement and service charges together with the accrued interests.  I am satisfied the loss of rental and service charges for the period since the plaintiff’s repossession on 26 November to be in the sum of $397,698.99 and after deduction of the deposit of $101,684.40 the sum is $296,014.59.  I grant interests on the loss of rental from 26 November 2006 up to the date of judgment, 15 November 2007, at the interests chargeable under the tenancy agreement of 3 per cent over the banks’ best lending rate.  And I allow the recovery of the interests on the same rate on the service charges for the same period of 26 November 2006 to 15 November 2007.  I further allow the costs which I have been told has been agreed at $33,500.