Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Joint charges

Legal area

Court

24 Sept 2018

WIN GLORIES LTD v. MAJORLUCK LTD

Citation

[2018] HKCA 637
Court

Court of Appeal
Case number

CAMP45/2018

Leave to appeal was granted because the Court was satisfied there was a reasonable prospect of success; the governing view at first instance was that the phrase 'joint charges' in the tenancy clause was not ambiguous, was not confined by ejusdem generis to utilities, and could include management charges incurred by reason of use of common parts, so contra proferentum did not apply.
29 Mar 2018

WIN GLORIES LTD v. MAJORLUCK LTD

Citation

[2018] HKLdT 24
Court

Lands Tribunal
Case number

LDPE824/2017

Clause 3's wording is unambiguous in context and 'a fair proportion of any joint charges' can include management/service charges for the building; the ejusdem generis rule does not restrict the term because the listed items do not form a single common category; contra proferentem does not apply; the tenancy does not impose a contractual burden on the landlord to establish allocation beyond determining a fair proportion; the respondent's proposed appeal has no reasonable prospect of success and leave to appeal is refused.