Hong Kong Case Law: Decisions & Judgments

Topic

Dilapidations

Legal area

Court

30 May 2008

LEE SIU YEE AND ANOTHER v. GLOBAL CHEMICALS (CHINA) CO LTD

Citation

LEE SIU YEE AND ANOTHER v. GLOBAL CHEMICALS (CHINA) CO LTD
Court

District Court
Case number

DCCJ6065/2003

Defendant breached the tenant's repair covenant by failing to notify and remedy defects and did not discharge the burden of proving those defects were due to fair wear and tear or causes outside tenant control; consequential reinstatement and loss of use damages were awarded in specified amounts, with costs apportioned 80% to be paid by Defendant (taxed if not agreed).
24 Oct 2001

Formalex Ltd. v. Abdoolally Ebrahim Co. (HK) Ltd.

Citation

Formalex Ltd. v. Abdoolally Ebrahim Co. (HK) Ltd.
Court

District Court
Case number

DCCJ14886/2000

Court found that both ageing and inadequate maintenance contributed to the failure; on the evidence an apportionment was justified: 35% of the $158,000 repair cost was attributable to tenant's failure to repair and 65% to fair wear and tear. Judgment entered for the plaintiff for $55,300; counterclaim adjourned for further argument; interest and costs reserved.
23 Sept 1997

LEUNG WAH FUNG v. WONG TAK SHING

Citation

LEUNG WAH FUNG v. WONG TAK SHING
Court

Court of Appeal
Case number

CACV117/1997

The Court held that Judge Kwan did not err in accepting the Lands Tribunal's confirmation of the permitted rent increase; the Notice of Interim Valuation was a rateable value assessment and did not demonstrate that the Lands Tribunal's market rent determination was wrong; no error of law under s.68A was established, therefore the appeal must be dismissed.
20 May 1986

CHEUNG SO IN KAY v. OBERLIN COLLEGE LTD

Citation

CHEUNG SO IN KAY v. OBERLIN COLLEGE LTD
Court

Court of First Instance
Case number

HCA5355/1985

Defendant failed to prove any lawful assignment or landlord consent; Plaintiff validly re-entered for rent arrears and is entitled to vacant possession, awarded arrears of rent (as found), property tax, damages for dilapidations, an inquiry into mesne profits, interest on arrears and costs in her favour.
27 Feb 1985

EDMUND CHAN v. HONGKONG BANK TRUSTEE LTD

Citation

EDMUND CHAN v. HONGKONG BANK TRUSTEE LTD
Court

Court of Appeal
Case number

CACV14/1985

The court held that the extension or grant of a short-term tenancy and the 'without prejudice' correspondence did not operate as a waiver of the landlord's rights where the contract preserved those rights, and that entitlement to deduct from the deposit depends on the state of the premises at surrender regardless of who caused the dilapidations; the appeal was allowed in part to permit an additional deduction of $8,160 for repair of ceiling and PVC floor tiling.
20 Jun 1984

JAMES S. LEE & CO (KOWLOON) LTD v. KAPOK GRAMENTS LTD

Citation

JAMES S. LEE & CO (KOWLOON) LTD v. KAPOK GRAMENTS LTD
Court

Court of First Instance
Case number

HCA8696/1982

The court found the defendant wrongfully repudiated the second tenancy and the landlord accepted that repudiation without prejudice to claiming damages; therefore the plaintiff was entitled to recover rent, rates and management fees for the unexpired portion of the lease. Claims for reinstatement costs were not proved and only nominal damages were awarded; interest on the judgment balance to run from 1 October 1982 at 12% up to judgment (subject to argument) and costs allocated with specified reservations.

Hong Kong Case Law

LEE SIU YEE AND ANOTHER v. GLOBAL CHEMICALS (CHINA) CO LTD

Formalex Ltd. v. Abdoolally Ebrahim Co. (HK) Ltd.

LEUNG WAH FUNG v. WONG TAK SHING

CHEUNG SO IN KAY v. OBERLIN COLLEGE LTD

EDMUND CHAN v. HONGKONG BANK TRUSTEE LTD

JAMES S. LEE & CO (KOWLOON) LTD v. KAPOK GRAMENTS LTD