Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Reinstatement works

  • 28 Aug 2023

    KING HONOR INVESTMENT LTD v. A & A TRAVEL LTD

    Citation
    [2023] HKDC 1190
    Court
    District Court
    Case number
    DCCJ468/2021

    Defendant wrongfully repudiated the tenancy by vacating without consent; plaintiff acted reasonably in marketing the unit and commissioning necessary reinstatement works while taking account of whole-building rental tone; defendant failed to discharge burden of proving inadequate mitigation; court allowed most claimed items subject to disallowance of items judged to be refurbishment rather than reinstatement and apportioned certain costs, resulting in a judgment for plaintiff in the sum awarded.

  • 5 Nov 2021

    PEARL BLUE INVESTMENT LTD v. FIE CO LTD

    Citation
    [2021] HKDC 1266
    Court
    District Court
    Case number
    DCCJ4934/2019

    The defendant failed to prove it had reinstated the common areas to the manager's satisfaction or that any licence authorised the alterations; the 7 April 2017 undertaking was binding to stakehold funds for outstanding works; consequently the plaintiff is entitled to judgment for HK$623,100 together with interest and costs, and the stakeheld HK$300,000 may be released only after full payment of judgment, interest and costs.

  • 20 Apr 2018

    ZETA ESTATES LTD v. KAYA, SULEYMAN ERHAN

    Citation
    [2018] HKDC 433
    Court
    District Court
    Case number
    DCCJ3761/2017

    Defendant repudiated the tenancy by vacating on 16 May 2017; plaintiff accepted repudiation and proved breach of tenant covenants to reinstate and repair; plaintiff mitigated loss; evidence (witness, photographs, quotations, invoice and receipt) substantiated quantum of reinstatement and post-vacation loss; court awarded damages for loss of rent, management fees, rates and reinstatement costs, interest at 8% p.a. from writ date to judgment and judgment rate thereafter, and costs of HK$95,117.00.

  • 1 Nov 2002

    CASHEW HOLDINGS LTD. v. PACIFIC SUCCESS ENTERPRISE LTD.

    Citation
    CASHEW HOLDINGS LTD. v. PACIFIC SUCCESS ENTERPRISE LTD.
    Court
    Court of First Instance
    Case number
    HCA10296/2000

    Where separate expert reports address distinct and necessary aspects of the case (here, Dudley on the reasonableness of a rebatement and Landscope on marketability/loss of bargain) the court may allow an additional expert despite case-management and economy concerns; however parties should ordinarily provide affidavits explaining such applications and mere change of counsel is insufficient justification. The Listing Master's order for a supplemental report was set aside and leave granted for one additional surveyor expert.