Hong Kong Case Law: Decisions & Judgments

Topic

Damages for loss of rent

Legal area

Court

7 Mar 2019

陳玉容對 NG MING YIN

Citation

[2019] HKDC 314
Court

District Court
Case number

DCCJ374/2019

The plaintiff failed to show a high degree of assurance of success in respect of the specific relief sought for the 4A living room ceiling because the expert report did not exclude alternative sources (external wall) and there was no sufficient urgency (significant delay and report available well before application); damages are an adequate remedy; therefore the interim mandatory injunction was refused and the summons revoked with costs awarded to defendant.
12 Feb 2019

WINDSOR HOUSE LTD (formerly known as Chinese Estates (Windsor House) Ltd) v. SHINING SOURCE HOLDING GROUP (Hong Kong) LTD

Citation

[2019] HKCFI 279
Court

Court of First Instance
Case number

HCA3405/2016

Master found tenant repudiated the tenancy by abandoning the premises; plaintiff took reasonable mitigation steps; awarded full claimed loss of rent, service charges and rates for period to lease expiry, reinstatement costs and distraint costs; set off deposit; awarded pre-judgment interest at prime+1% from writ to judgment and judgment rate thereafter; summarily assessed costs payable by defendant HK$67,045 (order nisi).
24 Mar 2017

383HK LTD v. THE INCORPORATED OWNERS OF TAK BO BUILDING

Citation

383HK LTD v. THE INCORPORATED OWNERS OF TAK BO BUILDING
Court

Court of First Instance
Case number

HCA1333/2011

On proper construction the DMC did not confer on the plaintiff a right to connect to the building's main water and drainage pipes by unilateral installations across common parts; the IO's refusal was reasonable because the plaintiff sought to carry out works that were illegal or required statutory approval, the applications were inaccurate, and the works posed safety/structural and management risks; the 2010 drilling works would not be automatically exempt under the current Minor Works/DEW regime and likely require BD approval; claim dismissed.
15 May 2013

VINCENTONE LIMITED v. PROFIT LOCK LIMITED

Citation

VINCENTONE LIMITED v. PROFIT LOCK LIMITED
Court

District Court
Case number

DCCJ258/2012

Defendant repudiated the lease by returning keys and ceasing rent; plaintiff validly accepted repudiation and mitigated by reletting; plaintiff proved loss of rental income and entitlement to damages of HK$187,650; defendant's counterclaim failed for want of evidence; sanctioned offer dated 2 April 2013 was not amended by plaintiff's later letter and, because defendant did not accept within 28 days, plaintiff is entitled to enhanced interest and indemnity costs from 1 May 2013; costs are party-and-party up to 30 April 2013 and indemnity thereafter; payment into court of HK$187,650 plus accrue…
29 Jun 2009

TOP MASTER (HONG KONG) LTD v. E-AMUSEMENT TECHNOLOGY LTD

Citation

TOP MASTER (HONG KONG) LTD v. E-AMUSEMENT TECHNOLOGY LTD
Court

Court of First Instance
Case number

HCA1037/2008

The court found that the Plaintiff's primary evidence (an unsworn letter from the plans' author and differing building plans) did not conclusively prove a clerical mistake on summary judgment; there were credible reasons to allow cross-examination and the existence of arguable alternative meanings in the DMC plans, therefore a triable issue existed and summary rectification was refused; unconditional leave to defend was granted and the matter must proceed to trial.
30 Mar 2007

RISING DEVELOPMENT LTD v. JOY GLORY (HONG KONG) LTD

Citation

RISING DEVELOPMENT LTD v. JOY GLORY (HONG KONG) LTD
Court

District Court
Case number

DCCJ1436/2004

The court found that the plaintiff accepted the defendant's repudiation by entering into a sale/assignment of the premises with vacant possession (provisional agreement, formal agreement and assignment) which terminated the tenancy and permitted the plaintiff to recover arrears prior to termination and damages for loss of rental thereafter; consequently Elegant Profit did not apply and the plaintiff was awarded damages accordingly.
21 Nov 2005

WEALTH SUMMIT DEVELOPMENT (NOMINEE) LTD v. NG SHUN OI AND OTHERS

Citation

WEALTH SUMMIT DEVELOPMENT (NOMINEE) LTD v. NG SHUN OI AND OTHERS
Court

Court of First Instance
Case number

HCA1592/2003

The court accepted the joint expert's revised report that defective waterproofing of Flat 3A was the main cause of the water leakage (with limited contribution from Flat 3B); accordingly the 1st and 2nd defendants are liable for leakage and resultant loss and repairs attributable to Flat 3A (including loss of rental income and Room 2 repairs and remedial work touching Flat 3A), the 3rd defendant is liable for leakage from Flat 3B affecting Room 1 and must bear repair and remedial costs touching Flat 3B; assessment of quantum was adjourned and costs were apportioned by the court.
10 Sept 1992

GRAY KEVIN MCGOWAN v. WONG TAO NGAR

Citation

GRAY KEVIN MCGOWAN v. WONG TAO NGAR
Court

Court of Appeal
Case number

CACV84/1992

The Court held that the general wording 'maintenance charges' in Clause 2(c) did not impose liability on the tenant for external painting absent a clear covenant; there was insufficient evidence to support the landlord's claim for rental loss or to justify new grounds of appeal, so the appeal was dismissed and leave refused on additional grounds.