Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Deed of mutual covenant (clause 9(1)(iii))
  • 5 Feb 2021

    KWONG YIU KEUNG STANLEY AND ANOTHER v. CHIU SIN SHUM AND ANOTHER

    Citation
    [2021] HKDC 158
    Court
    District Court
    Case number
    DCCJ5745/2017

    Plaintiffs failed to prove actionable private nuisance or breach of Clause 9(1)(iii); expert evidence for plaintiffs was tainted and unreliable and objective investigations (management office and police) did not corroborate plaintiffs' complaints; defendants had taken reasonable mitigation steps; however defendant-plaintiff Kwong's repeated intercom calls amounted to harassment (reckless course of conduct causing distress) and defendants are awarded general damages of HK$100,000 with interest; injunctions sought by both sides refused or rendered academic; costs awarded to defendants on indemn…