29 Dec 2022
FINE RIGHT ENTERPRISE LTD v. WEALTH FINE LTD
- Citation
- [2022] HKCFI 3840
- Court
- Court of First Instance
- Case number
- HCA524/2018
Court held that Clause A(4) of the DMC requires written notice and that the entry be for works necessary for maintenance/repair (Notice and Purpose are conditions precedent). The Minimum Disturbance and Damage limbs are contractual obligations but not automatic conditions precedent to entry. An implied duty to co‑operate exists to make Clause A(4) workable. The DMC governs means/arrangement by implication: servient owner should be consulted and suggest a route; if no agreement the route selection is tested by a balancing 'reasonable and sufficiently convenient' standard. Applying those princi…