PERLA CITY INVESTMENTS LTD 對 香港海星國際文化基金會有限公司

PERLA CITY INVESTMENTS LTD 對 香港海星國際文化基金會有限公司

On the balance of probabilities defendant breached lease by failing to pay rent and by carrying out unauthorised alterations without written consent which caused water ingress; plaintiff proved reasonable remediation costs, loss of rental income and surveyor's fee and is entitled to recover arrears, remediation...

Source-derived case information.

Citation
[2021] HKDC 141
Parties
Plaintiff: PERLA CITY INVESTMENTS LIMITED; Defendant: 香港海星國際文化基金會有限公司
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 February 2021
Case Number
DCCJ4/2017
Procedural Posture
Lease Dispute (landlord Tenant) / Trial (judgment)
Outcome
Judgment for plaintiff. Defendant ordered to pay plaintiff HK$969,215 plus interest. Defendant's counterclaim dismissed. Costs to plaintiff (provisional order).
Legal Topics
Breach of Lease, Unauthorised Alterations, Repair and Restoration, Rent Arrears, Damages, Interest, Costs, Adjournment Applications
Source Language
ch
Contract Law Landlord and Tenant Property Law Civil Procedure Remedies Breach of Lease Unauthorised Alterations Repair and Restoration +5 more

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Parties

PERLA CITY INVESTMENTS LIMITED

Plaintiff

香港海星國際文化基金會有限公司

Defendant

Procedural Posture

Lease Dispute (landlord Tenant) / Trial (judgment)

  1. 1 Whether defendant owed rent for Aug 2016 and 1-16 Sep 2016 and quantum of arrears
  2. 2 Whether defendant carried out unauthorised alterations/additions in breach of lease
  3. 3 Whether defendant's alterations caused water ingress and leakage

Ratio Decidendi

On the balance of probabilities defendant breached lease by failing to pay rent and by carrying out unauthorised alterations without written consent which caused water ingress; plaintiff proved reasonable remediation costs, loss of rental income and surveyor's fee and is entitled to recover arrears, remediation costs, lost rent, surveyor fee, interest and costs; defendant's counterclaim unsupported by evidence is dismissed; adjournment refused for lack of adequate justification.

Court Disposition

Judgment for plaintiff. Defendant ordered to pay plaintiff HK$969,215 plus interest. Defendant's counterclaim dismissed. Costs to plaintiff (provisional order).

Orders

  • Defendant to pay plaintiff HK$969,215
  • Interest: from writ date to judgment date at HSBC prime rate plus 1% per annum; from judgment date to payment at the judgment interest rate