Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Damages for loss of enjoyment

  • 5 Dec 2012

    NG YIN NEI v. LEE CHICK CHOI

    Citation
    NG YIN NEI v. LEE CHICK CHOI
    Court
    District Court
    Case number
    DCCJ563/2010

    Leave to appeal was dismissed for both parties. The judge held that the defendant's counterclaim arose under the tenancy and went to the foundation of the plaintiff's claim, giving the defendant an equitable right to set-off his damages against the plaintiff's claim for rent; the tenancy was not shown to have been forfeited prior to the defendant vacating; claims for removal-related expenses were rejected because the defendant moved of his own volition and such costs were not caused by the plaintiff; applications for leave to appeal and the separate costs challenge by the plaintiff lacked mer…

  • 10 Oct 2012

    NG YIN NEI v. LEE CHICK CHOI

    Citation
    NG YIN NEI v. LEE CHICK CHOI
    Court
    District Court
    Case number
    DCCJ563/2010

    The court found the landlord breached the repair covenant by failing to take reasonable steps after the tenant's written notice; the defects and ongoing water seepage were not de minimis; the tenant proved loss of use and distress and was awarded $16,676.74 for loss of use and $40,000 for distress (total judgment $56,676.74 plus interest). Other claimed items, including extra rental, removal costs, estate agent fee, stamp duty and the gas oven replacement, were dismissed for lack of causal responsibility or because the tenant vacated for reasons unrelated to the defects and lost tenancy right…