Prosperity Clothing Company Limited v Chen Kwen Shen Alias Chan Kwan Sum T/a Worldwide Impex Company

Court:High Court (Hong Kong)
Judgement Number:HCA3557/1988
Judgment Date:23 Dec 1988
HCA003557/1988 PROSPERITY CLOTHING COMPANY LIMITED v. CHEN KWEN SHEN alias CHAN KWAN SUM t/a WORLDWIDE IMPEX COMPANY

HCA003557/1988

1988 No.A3557

IN THE SUPREME COURT OF HONG KONG

HIGH COURT

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BETWEEN

PROSPERITY CLOTHING COMPANY LIMITED Plaintiff
and
CHEN KWEN SHEN alias CHAN KWAN SUM trading as WORLDWIDE IMPEX COMPANY Defendant

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Coram: Master Jones in Court.

Appearance: Mr. E Soh of. Messrs. John Ku, Tam and RD for Plaintiff.

Chen Kwen Shen (present) alias Chan Kwan Sum trading as Worldwide Impex Company.

Date of Hearing: 9th December, 1988

Date of Delivery: 23rd December, 1988

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ASSESSMENT OF DAMAGES

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1. The plaintiff claims damages for replacement costs of its lost quota entitlement. Four hundred dozens of the relevant Category of quota were transferred to defendant on a temporary basis in October 1987. The defendant guaranteed that he would utilise at least 95% of the quota by the end of that year. He failed to do so and the Department of Trade permanently reduced the plaintiffs quota entitlement from 1988 by the corresponding 400 dozens in the same Category .

2. To compensate, on 2nd. May, 1988 the plaintiff purchased the same amount of quota in the same Category from a third party at a cost of $1,000.00 per dozen; a total cost of $400,000.00, being the amount of this claim.

3. None of this is disputed, save for the replacement cost of the quota, which defendant contends to be far above the market price at the figure of $1,000.00 per dozen. Interlocutory judgment was accordingly entered by consent on 29th July, 1988 and the plaintiff was put to proof as to quantum.

4. The defendant was hitherto legally "represented, but filed a notice to act in person two days prior hearing and duly appeared in that capacity. His position was explained in detail and he seemed to understand.

5. With commendable but unnecessary care the plaintiff proved its purchase from Glorious Year Ltd. of 400 dozens of the relevant quota at $1,000.00 per dozen. It then called Mr. William Yung, manager of a quota broking company, to establish that the purchase price accorded with the market price at the time.

6. Mr. Yung produced as Exhibit P.3 a quotation requested by the plaintiff company in regard to the price of a permanent transfer of 400 dozens of the relevant...

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