24 Feb 2006
TAT MING TRADING CO LTD v. ALPINO LTD
- Citation
- TAT MING TRADING CO LTD v. ALPINO LTD
- Court
- Court of First Instance
- Case number
- HCA1659/2004
The landlord breached implied covenants (not to derogate from grant and effectively quiet enjoyment) by failing to investigate and repair the water seepage that materially affected habitability; Clause 14 is uncertain and construed narrowly and does not relieve the landlord of liability for pre‑existing or latent defects; accordingly the tenant was entitled to the $45,000 deduction/withholding and the plaintiff’s claim for those arrears is dismissed.