Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Damages and mesne profits

Legal area

Court

29 Aug 2019

THE INCORPORATED OWNERS OF ASIA HARVEST COMMERCIAL CENTRE v. GEARING DEVELOPMENT LTD

Citation

[2019] HKLdT 37
Court

Lands Tribunal
Case number

LDBM263/2016

The End-Wall is an external wall and therefore a common part under the DMC and the Building Management Ordinance, the title documents do not assign exclusive use to the respondent, the respondent and/or its tenants converted the End-Wall to private use in breach of Clause 8(j) DMC and s.34I(1)(a) BMO, there was no acquiescence or estoppel by the applicant, and nominal damages of HKD 80,000 plus injunction and interest are appropriate.
20 Jan 1998

SHING SHU CHIU and Others v. KAN CHOI MING and Another

Citation

SHING SHU CHIU and Others v. KAN CHOI MING and Another
Court

Court of First Instance
Case number

HCA755/1997

The Court held the defendants' admissions established trespass including continuing trespass and that the oral settlement was intended to be discharged by performance (actual payment and completion of lease formalities); dishonoured cheques did not discharge the plaintiffs' claim and payment into court in a separate action does not extinguish the present trespass claim though it is credit in assessing damages, therefore summary judgment for the plaintiffs was properly entered and the appeal was dismissed.