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Hong Kong decisions
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District Court assessment of damages in a water seepage nuisance claim. The plaintiff proved inspection, renovation and rental-loss items, and recovered HK$78,600 plus interest and costs.
District Court default judgment in a water seepage dispute: liability was entered for the plaintiff, a mandatory injunction was granted, damages were left to be assessed, and costs were awarded.
The Lands Tribunal refused leave to appeal by FI and SG against non-party costs orders, holding the appeals had no reasonable prospect of success.
The Court of Appeal upheld a contempt conviction and one-month sentence against a former owners’ corporation chairman for failing to deliver up building documents.
上訴庭確認原審裁定被告藐視法庭罪成立，維持一個月監禁及訟費命令，並指就藐視裁定上訴毋須先獲許可。
法院裁定涉案位置屬公用部分，被告雖曾基於歷史同意或默許而得以經營，但在地政處自2019年起多次指該用途違反地契並拒絕法團之豁免申請、法團已給予合理通知及適當寬限期後，該等默許或許可已屬可被中止；故法團有權按建築物管理條例第34I收回該等公用部分之空置管有權，並判令答辯人在規定期限內交還。
Source excerpt
In a default judgment water seepage case, the District Court granted prohibitory and mandatory injunctions, interlocutory damages to be assessed, and costs of HK$100,000.
Review of a valuation and access-rights decision in the Lands Tribunal. The Tribunal upheld mesne profits based on the last tenancy, but ordered duplicate gate keys to be provided.
On review, the Tribunal upheld the mesne profits assessment based on the Last IO Tenancy Agreement, but varied the order to require duplicate gate keys for Staircase Spaces 6 and 10.
The Lands Tribunal refused to vary the mesne profits assessment, upheld the Last IO Tenancy Agreement as the best evidence, and ordered duplicate gate keys for Staircase Spaces 6 and 10.
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