Hong Kong Case Law: Decisions & Judgments

Topic

Rents and profits

Legal area

Court

26 Jun 2019

NG TSUI FONG PRISCILLA v. CHAU CHAM CHIU otherwise known as PETER CHAU CHAM CHIU

Citation

[2019] HKDC 867
Court

District Court
Case number

DCMP593/2018

Court fixed completion date as 31 July 2019, assessed Sum B as nil because there was no evidence the defendant received any rental income, assessed Sum A as HK$78,000 being interest at 4% per annum on the whole balance from contractual completion date, ordered defendant to execute conveyance and deliver possession on completion upon payment of the assessed net sum, and ordered defendant to pay plaintiff's costs of HK$29,500.
29 Jan 2019

NG TSUI FONG PRISCILLA v. CHAU CHAM CHIU OTHERWISE KNOWN AS PETER CHAU CHAM CHIU

Citation

[2019] HKDC 129
Court

District Court
Case number

DCMP593/2018

On the pleaded facts and having been properly served, and in the absence of any defence, the plaintiff established entitlement to specific performance of the sale agreement for the car parking space; the court ordered completion, payment mechanics including interest on the balance and on the returned further deposit at 4% p.a., an account of rents and profits from 31 January 2018 to completion, delivery of conveyance free of incumbrances as escrow and costs to the plaintiff.
11 Feb 2014

THE INCORPORATED OWNERS OF HONG KONG MANSION, CAUSEWAY BAY v. BOTHLINK LTD

Citation

THE INCORPORATED OWNERS OF HONG KONG MANSION, CAUSEWAY BAY v. BOTHLINK LTD
Court

Court of Appeal
Case number

CACV184/2012

The factual matrix (approved building plans, occupation permit, exclusion from gross floor area calculations, lack of access to lower levels and the design purpose to house lift overrun and machinery) showed that both upper and lower levels of the two rooftop structures were intended as enclosures for lift machinery and therefore common parts; the developer did not reserve the lower levels in 1966 and thus could not validly assign them in 1981, so the appellant has no title and the appeal is dismissed.
10 Apr 1970

MAK KIN KEE v. MAK PUN TAI

Citation

MAK KIN KEE v. MAK PUN TAI
Court

District Court
Case number

DCCJ4886/1969

The alleged oral declaration of trust was void under Statute of Frauds s.7, there was no probative evidence of a service tenancy, and the plaintiff was therefore sole beneficial owner; on the disputed accounting the judge made an arbitrary assessment (half of the rents in the accounts for the period) due to evidentiary uncertainty and awarded sums accordingly, plus injunction and costs.

Hong Kong Case Law

NG TSUI FONG PRISCILLA v. CHAU CHAM CHIU otherwise known as PETER CHAU CHAM CHIU

NG TSUI FONG PRISCILLA v. CHAU CHAM CHIU OTHERWISE KNOWN AS PETER CHAU CHAM CHIU

THE INCORPORATED OWNERS OF HONG KONG MANSION, CAUSEWAY BAY v. BOTHLINK LTD

MAK KIN KEE v. MAK PUN TAI