Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Attribution of conduct

  • 18 Jan 2023

    RE ZPMC-RED BOX ENERGY SERVICES LTD

    Citation
    [2023] HKCFI 161
    Court
    Court of First Instance
    Case number
    HCCW368/2021

    The court held that RBF’s pursuit of Ground 2 (the cross-claim and attribution of dishonesty) was unreasonable and lacked any serious or substantial basis and that RBF’s adjournment application was without a concrete proposal; those unreasonable steps caused a significant unwarranted increase in costs. Accordingly the costs order nisi was varied to require RBF to pay 40% of the petitioner’s costs occasioned by RBF’s opposition and adjournment (certificate for two counsel, taxed if not agreed) and 40% of the petitioner’s costs of the present application, with the remaining petition costs to be…

  • 28 Aug 1997

    THE INCORPORATED OWNERS OF HAMILTON MANSION v. CO-ASIA PROPERTIES LTD

    Citation
    THE INCORPORATED OWNERS OF HAMILTON MANSION v. CO-ASIA PROPERTIES LTD
    Court
    Lands Tribunal
    Case number
    LDBM59/1997

    Operating guesthouses and the photo studio constituted breaches of Clause 9(K) of the DMC because those flats were not used as private residences; there was no complete or substantial change in the character of the building that destroyed the object of the covenant; prior tolerance and management forbearance did not amount to acquiescence or estoppel sufficient to bar relief; the chairman's personal acts were not imputable to the incorporated owners; accordingly injunctions should be granted to enforce the DMC.