Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Breach of deed of covenant

Legal area

Court

11 Oct 2018

GET BILLION DEVELOPMENT LTD v. CHEN CHEN ENG AND ANOTHER

Citation

[2018] HKLdT 81
Court

Lands Tribunal
Case number

LDBM40/2016

Applicant failed to discharge the burden of proof that water leakage occurred from 12/F to 11/F on the balance of probabilities; the Single Joint Experts' 2017 investigation was more comprehensive and reliable than the dated 2010 DCL proforma report, and no evidence supported ongoing leakage from 12/F, therefore the application was dismissed and costs awarded to respondents.
21 Aug 1998

LEUNG KWOK FU and Others v. KONG MEAU CO. LTD.

Citation

LEUNG KWOK FU and Others v. KONG MEAU CO. LTD.
Court

Court of First Instance
Case number

HCA6172/1997

Defendant breached its obligations by failing to keep proper separable accounts, failing to prepare and follow budgetary procedures, failing to maintain the required bank account arrangement, and unlawfully converting common parts into parking spaces; a majority owners' resolution cannot override the deed covenant; accordingly specific performance and an injunction to restore common parts are warranted, plaintiffs have leave to defend counterclaims beyond $1000 per month, and defendant is entitled to judgment only for management fees at $1000 per month.