Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Contractual construction principles

Legal area

Court

1 Nov 2019

WIN GLORIES LTD v. MAJORLUCK LTD

Citation

[2019] HKCA 1226
Court

Court of Appeal
Case number

CACV506/2018

Clause 3's natural and ordinary meaning confines "joint charges" to charges in the genus of utilities and rates for common parts (ie third‑party utility and rates charges related to common areas) and does not extend to usual management expenses such as manager's staff costs, cleaning staff wages, gardening and decoration. Accordingly the Tenant was not liable to pay the management expenses charged; the Tribunal's calculation must be adjusted to exclude management staff costs, but the Tribunal's chosen multiplier (tenant area/total area) was not interfered with. Appeal allowed and Tribunal ord…
26 Jan 2018

A AND OTHERS v. THE HOUSING AUTHORITY

Citation

[2018] HKCFI 147
Court

Court of First Instance
Case number

HCCT54/2017

The Court refused leave to appeal because on perusal of the arbitral award the arbitrator's construction — that the Relevant Works were replacement of window hinges valuated under Rates 1‑3 and that removal and brief storage are temporary incidental works not separately payable — was not obviously wrong nor open to serious doubt; therefore the high threshold for leave was not met and leave was dismissed with costs to the defendant.