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Hong Kong decisions
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Assessment of damages in two Hong Kong tenancy disputes: the landlords recovered damages and interest, with a limited period excluded for delay.
District Court assessment of damages in two lease disputes. The judge upheld mitigation steps, refused to deduct conditional rental reductions, and allowed interest except for one delay period.
Leave to appeal was granted in part because the applicant demonstrated arguable errors of law or principle in the Tribunal's handling of specific items (items 5,6,8,12) regarding whether the tenant could discharge repair obligations by the least onerous method and in the assessment of repair duration and rent loss (items 14 and 15) including responsibility for rent during key transit; all other factual findings were not shown to be plainly wrong and leave was refused for those items; costs to follow the appeal outcome.
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District Court judgment on misfuelling of a diesel BMW. The court found the defendant liable in contract, limited repair costs, rejected negligence, and awarded HK$59,808.86.
The High Court refused permission to appeal because the appellant's grounds were not arguable as questions of law: the contested matters were primarily factual credibility and mitigation assessments properly within the Tribunal's remit; there was no evidence of perjury, no binding undertaking limiting liability as alleged, and the adjudicator acted within lawful inquisitorial powers, so no legal error meriting leave was shown.
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Purchasers in two uncompleted flat sales were held in breach for failing to complete. The vendor had to return later deposits, but could recover a 16E deficiency and resale expenses.
The District Court held the purchasers breached two uncompleted flat sale agreements, ordered return of later deposits, and allowed the vendor limited resale damages after set-off.
The court held there was no actionable misrepresentation or rectification, no quiet enjoyment breach by the landlords, and the tenants repudiated the lease.
The court allowed expert valuation evidence on a narrow shares-loss issue, but refused later valuation dates and dividend calculations because they were unpleaded special damages.
The court assessed further damages for breach of a hotel lease and guarantee, awarding rental, management charges and rates for the vacancy period, plus a discounted future rental loss.
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