Home Information Cases BBMB Finance (Hong Kong) Ltd v Eda Holdings Ltd & Ors (1990)

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BBMB Finance (Hong Kong) Ltd v Eda Holdings Ltd & Ors (1990)

Summary

Measure of damages is the value of the property irretrievably lost.

Facts

Appeal from the Court of Appeal of Hong Kong by defendants against decision awarding plaintiffs HK$ 28,632,425 being the value of converted shares less the value of replacement shares at the date of replacement.

Held

Reliance was placed by appellants on Brandeis [FN 1] and Williams v Peel River Land etc (1886) 55 LT 689 but these cases were concerned with damages for the temporary deprivation of possession and use of property not, as in the present case, with the irreversible conversion of property. The plaintiff had lost his property at the date of conversion and was entitled to damages equivalent to the value lost.

Appeal dismissed.

Privy Council
Lord Bridge, Lord Templeman, Lord Griffiths, Lord Goff of Chieveley, Lord Lowry
Judgment date
6 February 1990
References

​[1990] 1 WLR 409 : 2 All ER 129 : Times, February 12, 1990