Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Damages for breach of dmc

Legal area

Court

13 Aug 2019

ADDITECH LTD v. TAI CHEUNG MANAGEMENT CO LTD

Citation

[2019] HKLdT 46
Court

Lands Tribunal
Case number

LDBM224/2018

The strike‑out application was dismissed because the case is not a plain and obvious one suitable for summary striking out on paper; an incorporated owner/manager can be liable for damages for an unreasonable refusal to grant consent under a DMC, but such damages require trial‑grade proof and mitigation, so the substantive issues are mixed questions of fact and law unsuitable for summary disposal.
11 Jun 2018

WONG WAI KWAN v. INCORPORATED OWNERS OF VISTA PARADISO

Citation

[2018] HKLdT 42
Court

Lands Tribunal
Case number

LDBM87/2018

Paragraph 9 of Schedule 10 of the Building Management Ordinance permits proceedings for enforcement of contractual or proprietary rights in a DMC by way of damages alone and does not require any question of law; therefore a damages claim for breach of the DMC falls within the Lands Tribunal's jurisdiction and the respondent's summons to set aside the Notice of Application is dismissed.