Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Costs orders and cross-orders

Legal area

Court

22 Jan 2015

NG YIN NEI v. LEE CHICK CHOI

Citation

NG YIN NEI v. LEE CHICK CHOI
Court

Court of Appeal
Case number

CACV28/2013

The Court upheld the judge's factual findings that the premises were in disrepair from 2 August 2009 and remained so by 13 December 2009, held the plaintiff breached the tenancy repair obligation, affirmed the quantum of damages as reasonable, and corrected the costs order by awarding the defendant 90% of his costs below; appeals by the plaintiff were dismissed and defendant's cross-appeal allowed in part.
22 Jan 2015

NG YIN NEI v. LEE CHICK CHOI

Citation

NG YIN NEI v. LEE CHICK CHOI
Court

Court of Appeal
Case number

CACV29/2013

The Court upheld the trial judge's factual findings that the premises were in disrepair from August 2009 and that the landlord breached the repair obligation; the tenant's refusal of limited repairs in December 2009 was reasonable; the damages awarded for distress and loss of use were reasonable and not plainly wrong; there were no exceptional circumstances to justify cross-orders as made by the trial judge, and the defendant should recover 90% of his costs below; appeals dismissed except cross-appeal allowed in part on costs.