Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Repair covenants

  • 7 Jan 2014

    KNORR BREMSE ASIA PACIFIC (HOLDING) LTD v. NG LAI CHING LUCIA

    Citation
    KNORR BREMSE ASIA PACIFIC (HOLDING) LTD v. NG LAI CHING LUCIA
    Court
    District Court
    Case number
    DCCJ3796/2011

    The court held that there was no actionable breach of an implied condition of fitness for habitation on the yellow water issue; Clause 11 and the tenancy did not create a covenant to repair chattels and the tenant instead owed a tortious duty of care to return chattels; the alleged oral transfer of ownership of non-listed chattels to the Plaintiff was not proved; the Assignment wording did not transfer WTL's pre-assignment causes of action for chattels to the Defendant; most alleged damage to property and chattels amounted to fair wear and tear or inherent defects and were not recoverable, bu…

  • 11 Aug 2009

    LEGEND PACIFIC LTD v. NG CHOI CHI

    Citation
    LEGEND PACIFIC LTD v. NG CHOI CHI
    Court
    Court of First Instance
    Case number
    HCA1320/2009

    Registrar found there was sufficient evidence at the Order 14 stage to establish an arguable defence under clause 8(c) and accordingly granted the defendant unconditional leave to defend claims for the period from August 2008 to mid‑April 2009; the registrar held that equitable set-off for loss of profits could be pleaded but required particulars and that there was no defence to amounts from mid‑April 2009 onwards, entitling the plaintiff to judgment for those sums and related reliefs.