Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Fixture vs chattel
  • 11 Jul 2001

    YU YIU KONG SAMUEL v. KOBYLANSKI, STEPHEN ANDRE

    Citation
    YU YIU KONG SAMUEL v. KOBYLANSKI, STEPHEN ANDRE
    Court
    District Court
    Case number
    DCCJ15371/2000

    The bedroom air-conditioning unit was a chattel (not a fixture); the landlord had a positive obligation to repair or replace the hired appliance where failure resulted from fair wear and tear or where the landlord had expressly agreed to replace it (agreement of 1 August 2000); landlord breached that agreement and tenant was entitled to monetary compensation ($4,100) for loss of use; defendant remained liable for rent arrears and damages; court entered a net judgment for the plaintiff of $12,752 with interest and limited costs order.