Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Covid-19 rent concession

  • 9 Nov 2021

    HO HON CHIU v. CHONG CHI KI PIERRE

    Citation
    [2021] HKCA 1652
    Court
    Court of Appeal
    Case number
    CAMP229/2020

    The application for leave to appeal was refused because the proposed grounds disclosed no question of law with a reasonable prospect of success: the court has no legislative power to order rent adjustments or compel concessions during the pandemic; the Judge correctly granted conditional relief against forfeiture under s21F(3) which did not take effect because the respondent failed to satisfy the condition; new counterclaims and factual complaints are not tenable grounds on appeal.

  • 31 May 2021

    LUVPA LTD v. HONOR CITY HK PHARMACY LTD

    Citation
    [2021] HKLdT 40
    Court
    Lands Tribunal
    Case number
    LDPE1375/2020

    Applying the Cavendish/Makdessi framework, the Tribunal held the 2.5% per month contractual interest clause was enforceable: it served a legitimate commercial interest in timely payment and was not extravagant, exorbitant or unconscionable in the circumstances. Consequently the applicant was entitled to contractual interest totalling HK$249,713.46 (HK$214,615.44 for Shops A,C,D and HK$35,098.02 for Shop B). Conversely, the applicant could not recoup the HK$337,000 rental concession because the landlord had granted a concession which the tenant relied upon and the landlord could not impose a r…