Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Loss of rental

  • 21 Oct 2024

    WELL RISE (HONG KONG) LTD v. THE INCORPORATED OWNERS OF WESTLANDS CENTRE

    Citation
    [2024] HKDC 1688
    Court
    District Court
    Case number
    DCCJ253/2019

    For loss of rental and related expenses arising from water seepage, the court applied half the judgment rate for pre-judgment interest and ordered that interest accrue from the date each relevant loss was suffered; interest at the judgment rate shall run from the date of judgment (19 September 2024). The defendant's method of calculation (paragraph 9 of its submissions) was adopted.

  • 22 Aug 2016

    TSAI HSIU YUN v. LIM GOINE alias LAM MUI KAW

    Citation
    TSAI HSIU YUN v. LIM GOINE alias LAM MUI KAW
    Court
    District Court
    Case number
    DCCJ862/2015

    The court held the defendant liable in nuisance because expert evidence (ponding test and dye) and contemporaneous complaints established that the bathroom floor slab of the defendant's premises was the source of the seepage, the defendant had constructive knowledge and took no remedial action; accordingly the plaintiff was awarded damages for repair, loss of rental and inconvenience and granted an injunction to compel remedial works within 50 days.

  • 28 Oct 2015

    皇河實業有限公司 v. WAN CHIU YUEN AND ANOTHER

    Citation
    皇河實業有限公司 v. WAN CHIU YUEN AND ANOTHER
    Court
    District Court
    Case number
    DCCJ4448/2011

    Both parties' applications for leave to appeal were refused for lacking reasonable prospects of success; plaintiff failed to prove on balance that Water Leakage caused 33 months' loss of rental because plaintiff's aggressive asking rent broke the chain of causation and undermined mitigation; the court exercised costs discretion and varied the costs order nisi to require defendants to pay 90% of plaintiff's costs on an indemnity basis due to defendants' unreasonable conduct in litigation (including resisting ponding test and expert cooperation).

  • 20 Apr 2015

    皇河實業有限公司 v. WAN CHIU YUEN AND ANOTHER

    Citation
    皇河實業有限公司 v. WAN CHIU YUEN AND ANOTHER
    Court
    District Court
    Case number
    DCCJ4448/2011

    On balance of probabilities the ponding test with fluorescent tracer, supported by eyewitness evidence and expert opinion, established that water seeped from Flat 2C into Flat 1C; the defendants had created an unlawful hole/structure and failed to guard against foreseeable flooding thereby committing nuisance and negligence; damages were fixed by reference to agreed expert repair costs and court valuation findings; loss of rental was not proven causally; injunction granted to abate nuisance.

  • 25 Jun 2014

    WONG KWOK WA v. HO SUK YAN

    Citation
    WONG KWOK WA v. HO SUK YAN
    Court
    District Court
    Case number
    DCCJ1777/2012

    The court accepted that the plaintiff intended to build and to let the completed house, found mesne profits nominal at HK$100 per month for the trespass period, fixed seven months as the preparatory period to commencement, accepted ten months for construction plus three months for Certificate of Compliance, allowed a three‑month marketing period, and calculated loss of rental for 16 months 20 days at HK$15,600 per month, yielding mesne profits HK$4,177 and loss of rental HK$259,896, total damages HK$264,073 plus interest and costs.

  • 1 Mar 2012

    GATEWAY INTERNATIONAL DEVELOPMENT LTD v. HOLYROOD LTD

    Citation
    GATEWAY INTERNATIONAL DEVELOPMENT LTD v. HOLYROOD LTD
    Court
    Court of First Instance
    Case number
    HCA1159/2007

    The court found the defendant liable: the Certificate of Compliance under Clause 4(7) did not negate the developer's express and implied contractual obligations (including an implied term that units be fit for luxurious residential use), the extensive post-conveyance works were outstanding contracted works (not mere upgrades) that created a continuing construction site amounting to actionable nuisance and breach of SPA and DMC; plaintiffs awarded damages for loss of rental, rectification costs, interest and indemnity costs.

  • 21 Aug 2008

    CHAN YIP CHEUNG AND ANOTHER v. FONG CHOW WO AND ANOTHER

    Citation
    CHAN YIP CHEUNG AND ANOTHER v. FONG CHOW WO AND ANOTHER
    Court
    District Court
    Case number
    DCCJ4478/2007

    Court found September 2006 seepage caused specific, provable damage but many items had been the subject of a prior award; to avoid double recovery the court limited awards to actual loss where prior replacement had not been effected, awarded specific sums for remaining damaged items, limited loss of rent to 10 months (Nov 2006–Aug 2007) due to duty to mitigate, and granted surveyor fee, interest and costs nisi.