26 Aug 1994
DISCOVERY BAY SERVICES MANAGEMENT LTD V. DAVID BUXHAUM
- Citation
- DISCOVERY BAY SERVICES MANAGEMENT LTD V. DAVID BUXHAUM
- Court
- District Court
- Case number
- DCCJ4782/1991
The court held that s.41 Cap.219 does not render a successor in title liable for breaches of positive covenants committed before he became bound; accordingly the defendant was not liable for management fees or water charges accruing prior to his becoming registered owner, but was liable for management fees falling due after he became owner (from 1 January 1991); the plaintiff proved arrears of management fees and interest of HKD 4,763.05, and the defendant's counterclaim succeeded in part with damages assessed at HKD 7,250.