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HCA008149/1995
1995 No. A8149
IN THE SUPREME COURT OF HONG KONG
HIGH COURT
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SWIRE & MACLAINE LIMITED |
Plaintiff |
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IMEGO (HONG KONG) LIMITED |
Defendant |
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Coram: Mr. Registrar Betts in Court
Date of Hearing: 21 December 1995
Date of Handing Down: 21 December 1995
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ASSESSMENT OF DAMAGES
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1. The Writ in this matter was issued on 14 August this year and claims damages for breach of agreement by the Defendant Company, as a result of which the Plaintiff's quota allocation for category No. 333/334 in the textile year of 1995 has been reduced (or as the pleading puts it " short allocated") by 81 dozens.
2. Although the Defendant Company purported to acknowledge service of the Writ on the basis that the action would be defended, it has taken no further step in the action at all. As a result, judgment by default was entered by the Plaintiff on 21 September 1995.
3. One witness was called by the Plaintiff, Miss Stella Leung Wai Lam,
who is the Manager of Fai Wing Trading Company, a firm that acts as broker for textile quotas. She has been employed in that business for 17 years and deals with quotas on a daily basis.
4. I accepted her evidence that at the time of the breach, 30 April 1995, the market price for quotas in this category stood at $450 per dozen.
5. Damages are, therefore, assessed at $450 x 81 = $36,450.
6. That is the sum of award and there will be interest thereon at 2% over prime rate from the date of the breach, 30 April 1995, to today.
7. I award costs to the Plaintiff to be paid on the District Court scale with no costs in respect of an unnecessary Affirmation filed on behalf of the Plaintiff on 26 October 1995.
(Julian Betts)
Registrar, Supreme Court
Representation:
Appearances: Mr. E. Cheng of Johnson, Stokes & Master for the Plaintiff
The Defendant absent and unrepresented
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