Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Construction of contractual language

Legal area

Court

13 May 2020

SINO CHANNEL HOLDINGS LTD v. VAST FAITH INVESTMENT LTD

Citation

[2020] HKCA 311
Court

Court of Appeal
Case number

CACV123/2019

The Court held that in the context of the DMC the phrase "exterior side walls" refers only to the eastern and western external walls (the side walls) and does not include the front (façade) facing Granville Road or the back facing Cameron Road; accordingly those front and back walls remain common parts and the Lands Tribunal's declaration in favour of Sino Channel was set aside.
19 Dec 1988

WAH SING PROPERTY MANAGEMENT LIMITED v. SIU WAI YIN AND OTHERS

Citation

WAH SING PROPERTY MANAGEMENT LIMITED v. SIU WAI YIN AND OTHERS
Court

Court of First Instance
Case number

HCA3244/1987

The covenant word 'place' must be given a restricted meaning so as not to prohibit momentary placing of furniture on the common pavement where such placing cannot be avoided by the exercise of reasonable diligence in planning and supervising deliveries; that restricted construction is reflected in the injunction/order and, absent such restriction, the covenant would be oppressive and undeserving of equitable enforcement. Costs awarded to Plaintiff up to 1 December, thereafter no order as to costs.