Hong Kong Case Law

關洪川 對 優星投資有限公司及另一人

Court

District Court

Case number

DCCJ4067/2022

The court found the written leases constituted newly negotiated agreements that did not include any term or reliable evidence that defendants assumed the prior tenant's obligations or promised to reinstate the unit; absent clear contractual provision or credible contemporaneous evidence, defendants were not liable for restoration, rent loss, inspection fees or hotel costs; only proven unpaid government rent of HK$1,212 could be recovered and set off against the deposit; costs awarded against plaintiff at 90% due to partial and late amendments and conduct.

Source excerpt

• Breach of lease
• Reinstatement obligations
• Assignment/novation
• Damages
• Costs
• Stamp duty/stamping

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伍金蓮 對 黃麗容及另一人

Court

District Court

Case number

DCPI425/2020

Plaintiff failed to prove the accident occurred in the specific manner pleaded; contemporaneous police, ambulance and medical records and inconsistent witness accounts undermined the plaintiff's version; res ipsa loquitur was inapplicable; on balance of probabilities the claim against both defendants fails and is dismissed.

Source excerpt

• Negligence
• Occupier's liability
• Res ipsa loquitur
• Contributory negligence
• Causation
• Witness credibility

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李官東 對 大埔759阿信屋店

Court

Court of First Instance

Case number

HCSA8/2026

The tribunal correctly applied the pricing evidence (store signage and receipt) to find no overcharge; the HK$50,000 damages claim lacked particulars and evidential foundation and was properly struck out summarily; the applicant produced no evidence to support allegations of adjudicator corruption; accordingly the application for leave to appeal lacked any real prospect of success and is refused.

Source excerpt

• Overpayment
• Damages
• Jurisdiction
• Leave to appeal
• Procedural fairness
• Allegations of corruption

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YONG LI INVESTMENTS LTD AND ANOTHER v. LEE SING LEUNG ROBIN

Court

Court of First Instance

Case number

HCA1050/2015

The Court of First Instance partly allowed consolidated claims over share losses and a promissory note, rejected an alleged global settlement, and dismissed the defendant’s counterclaim.

• Oral agreement enforceability
• Deed and variation by letter
• Promissory note transfer
• Share charges and loss of securities
• Damages assessment
• Hearsay and admissibility of deceased witness statements

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YONG LI INVESTMENTS LTD AND ANOTHER v. LEE SING LEUNG ROBIN

Court

Court of First Instance

Case number

HCA542/2016

The court held the parties had binding oral and written arrangements from 2009, rejected a claimed global settlement, and awarded damages for lost shares and an untransferred promissory note.

• Oral agreements
• Deed of variation
• Promissory note
• Share charges
• Damages
• Hearsay admissibility

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LEE WOON PING v. SMART DRAGON ASIA PACIFIC LTD

Court

District Court

Case number

DCCJ844/2020

The District Court held the defendant liable for water seepage from Flat 5E to Flat 4E, granted an injunction, and awarded HK$336,578.60 in damages.

• Water seepage
• Expert evidence
• Pond test
• Burden of proof
• Maintenance duty
• Injunction

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GIANT HARVEST LTD v. NAN HAI CORPORATION LTD AND ANOTHER

Court

Court of First Instance

Case number

HCA2632/2018

High Court judgment on a share-sale dispute over audit-based consideration, lease renewal compensation, escrow release, and warranty counterclaims under a SPA.

• Sale and purchase agreement
• Contract interpretation
• Implied terms
• Escrow and release
• Set-off
• Lease renewal

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CHAN FONG KIT v. THE INCORPORATED OWNERS OF KIN WING INDUSTRIAL BUILDING AND ANOTHER

Court

District Court

Case number

DCCJ6528/2020

The plaintiff’s claims for trespass, obstruction, and building-management breaches over Kin Wing Industrial Building parking spaces were dismissed after trial.

• Trespass to land
• Obstruction of access
• Duties under deed of mutual covenant
• Building management ordinance compliance
• Delineation of parking spaces
• Unauthorized building works (ubw)

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CHAN FONG KIT v. SZE NGAN CHAI FROZEN MEAT LTD

Court

District Court

Case number

DCCJ607/2019

法院駁回原告就L4、L5停車位騷擾、越界及管理失當的兩宗合併訴訟，認為所指干擾屬零星、短暫且不足以成立侵權或違反大廈公契。

• Trespass
• Obstruction of access
• Duties of incorporated owners under dmc
• Unauthorised building works (ubw)
• Delineation of parking spaces
• Injunctions

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LAI KWOK YIU v. LAU LAI WAH

Court

District Court

Case number

DCCJ2552/2024

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.

• Nuisance
• Negligence
• Damages assessment
• Water seepage
• Breach of deed of mutual covenant
• Building management ordinance (cap 344)

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