Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Management fee

  • 20 Dec 2017

    BOND STAR DEVELOPMENT LTD v. WANG XIAO QUN

    Citation
    BOND STAR DEVELOPMENT LTD v. WANG XIAO QUN
    Court
    Court of First Instance
    Case number
    HCSA24/2017

    On a true and proper construction of Clause 1, the phrase 'exclusive of Rates and Service Charge' means 'in addition to Rates and Service Charge' and constitutes an express obligation on the licensee to pay rates and service charge; the background (company's liability to pay rates and to the manager under the DMC and evidence that the manager's charge was explained) supports this interpretation; appeal dismissed.

  • 17 Nov 2008

    CHEUNG YUK SHING t/a KAM SHING MOTOR TRADING CO. v. TANG HOI IP AND ANOTHER

    Citation
    CHEUNG YUK SHING t/a KAM SHING MOTOR TRADING CO. v. TANG HOI IP AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA1218/2004

    The court accepted the Agency Agreement, consistent receipts and credible testimony of the Tangs and agent's assistant, and rejected Cheung's account; on the balance of probabilities the payments were management fees under an agency arrangement and not refundable rental advancements, therefore Cheung had no right of set-off and Spokesman was entitled to judgment for arrears and mesne profit while Cheung's claims against the Tangs were dismissed.

  • 17 Nov 2008

    SPOKESMAN ENTERPRISES LTD v. CHEUNG YUK SHING t/a KAM SHING MOTOR TRADING CO

    Citation
    SPOKESMAN ENTERPRISES LTD v. CHEUNG YUK SHING t/a KAM SHING MOTOR TRADING CO
    Court
    Court of First Instance
    Case number
    HCA3764/2003

    On the evidence the payments to Tang were management fees under an agency agreement (supported by the Agency Agreement, receipts, and conduct), not rental advancements; therefore Cheung had no right of set-off against Spokesman or claim against the Tangs for repayment, and judgment is entered for Spokesman for the rent arrears and mesne profit with counterclaims and the action against the Tangs dismissed.

  • 6 Jul 2004

    HAR BOON CHER v. HUNG FAT CHEUNG INVESTORS LTD

    Citation
    HAR BOON CHER v. HUNG FAT CHEUNG INVESTORS LTD
    Court
    Lands Tribunal
    Case number
    LDNT10/2004

    The Tribunal accepted the Respondent's redevelopment intention as sufficiently credible to justify curtailing the previous two-year terms but found it unfair to require the five applicants to vacate earlier than the ground floor tenants; accordingly tenancies were fixed from 1 February 2004 up to 31 July 2005, market rents for LDNT 8/2004 and LDNT 10/2004 were determined by adjusted comparables at HK$14,000 and HK$10,000 per month respectively (exclusive of government rent, management fee and rates), and the Tribunal declined to adjudicate on management fee quantum.

  • 6 Jul 2004

    CHANG YING v. HUNG FAT CHEUNG INVESTORS LTD

    Citation
    CHANG YING v. HUNG FAT CHEUNG INVESTORS LTD
    Court
    Lands Tribunal
    Case number
    LDNT9/2004

    The Tribunal accepted the respondent's redevelopment intention as sufficiently credible on available evidence but held that applicants should not be required to vacate before the effective termination dates of ground floor tenancies; therefore granted tenancies for all five applicants from 1 February 2004 to 31 July 2005, fixed monthly rents for LDNT 8/2004 at HKD 14,000 and LDNT 10/2004 at HKD 10,000 exclusive of management fee, rates and government rent, left other tenancy conditions unchanged, and ordered each party to bear their own costs.

  • 6 Jul 2004

    BRAD SCHADEWITZ v. HUNG FAT CHEUNG INVESTORS LTD

    Citation
    BRAD SCHADEWITZ v. HUNG FAT CHEUNG INVESTORS LTD
    Court
    Lands Tribunal
    Case number
    LDNT14/2004

    The Tribunal accepted the respondent's redevelopment intention as sufficiently real to justify shortening tenancies but found it unfair to require applicants to vacate earlier than the earliest effective reclaimable possession date for the ground floor units; accordingly, all five applications were granted one-year-plus extensions to 31 July 2005 effective from 1 February 2004, rents for LDNT 8/2004 and LDNT 10/2004 were fixed at HKD 14,000 and HKD 10,000 per month respectively (exclusive of management fee, rates and government rent), other tenancy terms remain, and each party bears their own…

  • 16 Jun 2004

    何永鴻 v. 偉福置業有限公司

    Citation
    何永鴻 v. 偉福置業有限公司
    Court
    Lands Tribunal
    Case number
    LDNT166/2003

    On review the Tribunal rejected the Applicant's proposed changes to adjustments for Age/Condition, Quantum and Building Entrance but accepted that the exceptionally high management fee warranted an adjustment to exclusive rent; the Tribunal reduced the estimated exclusive rent by 20% (from the previously determined figure) to HKD 12,960 and set the gross rent inclusive of management fee at HKD 17,100 plus applicable Government rates; the deposit was retained at two months and there was no order as to costs.

  • 14 Apr 2004

    THOMPSON LEUNG, MARINA BONIFACE v. RAPID GROW LTD

    Citation
    THOMPSON LEUNG, MARINA BONIFACE v. RAPID GROW LTD
    Court
    Lands Tribunal
    Case number
    LDNT136/2003

    Tribunal concluded delay before grant was not attributable to applicant and rent paid under the expired tenancy rendered the gap an extension of the expired tenancy; exercising powers under ss.119I and 119J the Tribunal fixed a two year tenancy commencing 18 September 2003, removed the landlord's right to collect management fees (because of conflict and lack of justification) and fixed the rent at HKD21,700/month based on a revised valuation using multiple comparables with adjustments for term, view, time, parking and nuisance.

  • 2 Jul 2003

    DAVIDSON, JUSTIN CRESEY v. NG HON SUN MEYAR

    Citation
    DAVIDSON, JUSTIN CRESEY v. NG HON SUN MEYAR
    Court
    Lands Tribunal
    Case number
    LDNT41/2003

    The Tribunal identified suitable comparables from the RVD lists, excluded those with materially earlier commencement dates absent indexation, made quantifiable adjustments for orientation, facilities and management fees, plotted adjusted unit rents against floor level to identify the market trend, and concluded that a monthly rent of HK$25,000 (exclusive of management fee and rates but inclusive of the car parking space and government rent) represents the market rent for the new tenancy.

  • 31 Jul 2002

    DIXIE ENGINEERING CO. LTD. v. VERNALTEX CO. LTD. t/a WING WO ENGINEERING CO.

    Citation
    DIXIE ENGINEERING CO. LTD. v. VERNALTEX CO. LTD. t/a WING WO ENGINEERING CO.
    Court
    Court of First Instance
    Case number
    HCCT71/1999

    The contract was construed against Wing Wo's submissions: fluctuations were included in sums payable (paylists and matrix support) and variation deductions were straight 20% or 29% not additional to the 36% management fee; rectification was not available because Wing Wo failed to prove the written instrument did not reflect the common intention beyond reasonable doubt; in the Tolo Highway claim although an oral agreement to 42% was found factually, Wing Wo could not recover for alleged underpayment because their long acquiescence and Dixie's reliance made it inequitable to allow recovery (wai…