Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Quantum and set-off

Legal area

Court

21 Mar 2023

AMJAD-UL-MAHMOOD v. PROFIT HILL INTERNATIONAL HOLDINGS LTD AND ANOTHER

Citation

[2023] HKDC 347
Court

District Court
Case number

DCPI534/2017

D2 (the incorporated owners) was an occupier and responsible person under LEO with sufficient control over the lift; the accident more probably resulted from a sudden halt due to lift malfunction caused by garbage in the door sill and longstanding poor maintenance which D2 failed to remedy despite AEEL recommendations; D2 therefore breached statutory and common law duties and is liable for the accident; D1 was not a responsible person or occupier and is not liable to the plaintiff; D2 must indemnify/contribute to D1 for the EC payment and associated costs; plaintiff's recoverable damages are…
22 Aug 2019

SUN CHEONG CONSTRUCTION CO LTD v. THE INCORPORATED OWNERS OF KING FU, HO FU, KI FU & KA FU BUILDINGS

Citation

[2019] HKCFI 2076
Court

Court of First Instance
Case number

HCCT27/2010

On the evidence the Owners failed to prove most alleged defects attributable to the Plaintiff during the contract and defects liability period; only 118 foreign objects observed in 2009 were attributable to plaintiff and should have been removed; defective concrete claims were dismissed as unreliable and untimely expert evidence; defective waterproofing and defective sealing claims were established; allowed parts of counterclaim to be set off against Plaintiff's outstanding contract sum; costs awarded largely to Plaintiff (80%).