Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Breach of dmc

  • 3 Jun 2025

    金基大廈(筲箕灣東大街)業主立案法團 v. BRAVE ONE INVESTMENTS LTD

    Citation
    [2025] HKLdT 28
    Court
    Lands Tribunal
    Case number
    LDBM182/2021

    The tribunal found the IO had miscalculated management fees (breach of the DMC) and the agreed overcharging existed, but the IO failed to establish estoppel by convention because there was no sufficiently manifested common assumption that crossed the line, the respondent did not assume responsibility for the IO's calculation, and the IO did not show the requisite reliance and detriment that would make it unconscionable to require repayment; the IO also failed to provide accounts timeously which affected discoverability; accordingly the respondent's counterclaim for adjustment/set off succeede…

  • 17 Jun 2024

    LAM CHING KWONG v. MAN WING SUM AND ANOTHER

    Citation
    [2024] HKDC 887
    Court
    District Court
    Case number
    DCCJ1888/2019

    Court accepted that (a) there was proven seepage at the Lavatory Ceiling during the period covered by the joint inspections and up to the 2021 repair attributable to the Non-showering Area as admitted, (b) there was insufficient evidence to establish that the Living Room Ceiling and Entrance Ceiling were caused by Flat 26M or that post-2021 Repair seepage originated from Flat 26M, and (c) the K.S. Wong report was improperly filed and was expunged; consequently injunctions were refused and damages were limited to repair costs for the Lavatory Ceiling for the admitted period and modest damages…

  • 30 Apr 2019

    TIN FOO INVESTMENT CO LTD v. PREVIGOR DEVELOPMENT LTD AND ANOTHER

    Citation
    [2019] HKCFI 1106
    Court
    Court of First Instance
    Case number
    HCA1675/2014

    The defendants were the successful parties because the plaintiff recovered only nominal damages; the sanctioned payment did not amount to a sanctioned offer and the plaintiff did not obtain a judgment better than the sanctioned payment; accordingly costs were apportioned: defendants pay plaintiff District Court scale party-and-party costs from 26 August 2014 to 31 January 2015; plaintiff pays 50% of defendants' High Court scale party-and-party costs from 1 February 2015 to 20 May 2016 and 50% of defendants' High Court indemnity costs from 21 May 2016 to 11 January 2019; interest on the indemn…

  • 31 Jul 2015

    MTR CORPORATION LTD v. CHEUNG CHING KIN

    Citation
    MTR CORPORATION LTD v. CHEUNG CHING KIN
    Court
    Lands Tribunal
    Case number
    LDBM19/2015

    Evidence established repeated late‑night hammering and dropping noises originating from the respondent's premises; respondent had knowledge of complaints and warnings and failed to take reasonable steps to prevent the nuisance; therefore respondent breached Clauses 11 and 22 of the DMC and an injunction was justified to prevent further nuisance.

  • 3 Jul 2007

    SMARTFUL INTERNATIONAL LTD v. THE INCORPORATED OWNERS OF WAH MING CENTRE BLOCK C

    Citation
    SMARTFUL INTERNATIONAL LTD v. THE INCORPORATED OWNERS OF WAH MING CENTRE BLOCK C
    Court
    Lands Tribunal
    Case number
    LDBM152/2006

    The Applicant's use of the premises as an RCHE constituted a domestic use (boarding-house) in breach of the Occupation Permit and DMC Clause 14(d); the Manager was entitled under express DMC powers (Clauses 7(d)(23),(24) and 7(e)) to forbid lift use pending rectification; the Respondent's actions did not unreasonably interfere with use of common parts under BMO s34I nor breach s18(2A) because Codes of Practice are guidance and there was no demonstrated hazard or failure of fire access.