Hong Kong Case Law: Decisions & Judgments

Topic

Abatement of rent

Legal area

Court

5 Dec 2022

MENGIWA PROPERTY INVESTMENT LTD v. LIFESTYLE RESTAURANT LTD

Citation

[2022] HKCFI 3640
Court

Court of First Instance
Case number

HCA1864/2021

The court exercised its discretion under Order 29 r.11(1)(b) to grant an interim payment of HK$3,622,764.93 because (1) there is a judgment on liability with damages to be assessed, (2) the assessment is unlikely to be concluded soon and delay prejudices the plaintiff, (3) there is no admissible evidence that the defendant is insolvent or that payment would unfairly prejudice other creditors, and (4) the defendant cannot rely on insolvency arguments inconsistently while contesting the winding-up petition; s.182 CWUMPO does not automatically bar interim payment and validation can be sought if…
15 Jul 2022

WHARF REALTY LTD v. ABEBI LIMITED t/a "ARMANI JUNIOR"

Citation

[2022] HKCFI 2036
Court

Court of First Instance
Case number

HCA954/2020

On the assumed facts the events were unprecedented and caused severe commercial loss but did not change the nature of the parties' contractual obligations or physically render the premises unfit; the tenants therefore bore the market risk and the defences of frustration and abatement were not arguable, the counterclaims for quiet enjoyment and derogation were transient and unsustainable, and final judgment for the plaintiff was properly entered for the contractual arrears with interest and costs while unliquidated damages/mesne profits are left to assessment where appropriate.
7 Jul 2022

THE ONE PROPERTY LTD (FORMERLY KNOWN AS CHINESE ESTATES (THE ONE) LIMITED) v. STAR WIN ENTERPRISES LTD

Citation

[2022] HKDC 662
Court

District Court
Case number

DCDT544/2022

The court held that section 93(1) LTO may be invoked before seizure and that the plaintiff, having failed to disclose ongoing related actions and the live dispute over clause 8 in ex parte applications, breached the duty of full and frank disclosure; because distraint is draconian and there is a bona fide serious dispute, it was just to suspend (not discharge) the warrants pending the outcomes of the related DCCJ and HCA actions.
11 Jul 2001

YU YIU KONG SAMUEL v. KOBYLANSKI, STEPHEN ANDRE

Citation

YU YIU KONG SAMUEL v. KOBYLANSKI, STEPHEN ANDRE
Court

District Court
Case number

DCCJ15371/2000

The bedroom air-conditioning unit was a chattel (not a fixture); the landlord had a positive obligation to repair or replace the hired appliance where failure resulted from fair wear and tear or where the landlord had expressly agreed to replace it (agreement of 1 August 2000); landlord breached that agreement and tenant was entitled to monetary compensation ($4,100) for loss of use; defendant remained liable for rent arrears and damages; court entered a net judgment for the plaintiff of $12,752 with interest and limited costs order.
27 Feb 2001

ATTENWOOD CO LTD v. GOLDTOP CENTURY LTD

Citation

ATTENWOOD CO LTD v. GOLDTOP CENTURY LTD
Court

District Court
Case number

DCCJ15682/2000

Defendant failed to adduce evidence to establish any arguable defence or to show landlord knowledge, consent or defective construction causing condensation; therefore summary judgment is appropriate for the plaintiff, with no abatement of rent and with credit for any rental deposit held; mesne profits assessed by reference to contractual rent.
27 Feb 2001

ATTENWOOD CO LTD v. GOLDTOP CENTURY LTD

Citation

ATTENWOOD CO LTD v. GOLDTOP CENTURY LTD
Court

District Court
Case number

DCCJ15763/2000

Defendant produced no evidence to show landlord's knowledge, consent or responsibility for the refrigerated facility and therefore failed to establish an arguable defence under Order 14; summary judgment entered for Plaintiff, no abatement of rent, judgment for full claimed amount with credit for deposit; mesne profit assessed by reference to contractual rent.

Hong Kong Case Law

MENGIWA PROPERTY INVESTMENT LTD v. LIFESTYLE RESTAURANT LTD

WHARF REALTY LTD v. ABEBI LIMITED t/a "ARMANI JUNIOR"

THE ONE PROPERTY LTD (FORMERLY KNOWN AS CHINESE ESTATES (THE ONE) LIMITED) v. STAR WIN ENTERPRISES LTD

YU YIU KONG SAMUEL v. KOBYLANSKI, STEPHEN ANDRE

ATTENWOOD CO LTD v. GOLDTOP CENTURY LTD

ATTENWOOD CO LTD v. GOLDTOP CENTURY LTD