Tang Man Sit v Capacious Investments Ltd [1995] UKPC 54 is an English trusts law case, concerning breach of trust and liability for dishonest assistance.
Capacious sought a declaration that Mr Tang Wing Hon Alan, Mr Tang's personal representative, should assign back the house free of incumbrances, account for the profits from the lease, and pay the profits over.
The Court of Appeal of Hong Kong held that Capacious Investments Ltd had elected to get a remedy for restitution, and so could not recover damages for wrongful occupation as well.
Lord Nicholls held that Capacious Investments Ltd could recover damages for loss of market rental value, and loss resulting from overuse and deterioration of the houses.
It could proceed to claim for an assessment of damages, to see how much that would be, and then make an election.