21 Nov 2024
WO KEE ADMINISTRATION LTD v. HONCO MANAGEMENT LTD
- Citation
- [2024] HKCFI 3318
- Court
- Court of First Instance
- Case number
- HCSA33/2024
Clauses 2(b), 2(w) and clause 11 must be read together; the tenant's obligation to deliver up in "good, clean and repair/working condition" is limited by the parties' agreement that premises were taken "as is" and must be returned in a reasonable and tenantable condition; landlord must prove deterioration from the state at commencement and causation by the tenant before repair covenant is engaged; fair wear and tear applies; Tribunal's findings on liability and quantum were legally flawed and the Decision is set aside and remitted for rehearing.