Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Repairing covenant

  • 28 Jul 2015

    WONG YING WAH v. YEUNG TSANG YING YING SOPHIA

    Citation
    WONG YING WAH v. YEUNG TSANG YING YING SOPHIA
    Court
    Lands Tribunal
    Case number
    LDPD861/2015

    Respondent remained liable to pay rent despite the fire because the landlord gave no legally binding promise to exempt rent, the landlord had no notice or knowledge of wiring defects prior to the fire and hence was not liable for its cause, and the circumstances (limited damage mainly to living room) did not amount to the exceptional catastrophic event required to frustrate the tenancy; therefore possession, arrears/mesne profits and costs were ordered, with conditional relief from forfeiture if respondent paid arrears and costs by the specified date.

  • 5 Dec 2012

    NG YIN NEI v. LEE CHICK CHOI

    Citation
    NG YIN NEI v. LEE CHICK CHOI
    Court
    District Court
    Case number
    DCCJ563/2010

    Leave to appeal was dismissed for both parties. The judge held that the defendant's counterclaim arose under the tenancy and went to the foundation of the plaintiff's claim, giving the defendant an equitable right to set-off his damages against the plaintiff's claim for rent; the tenancy was not shown to have been forfeited prior to the defendant vacating; claims for removal-related expenses were rejected because the defendant moved of his own volition and such costs were not caused by the plaintiff; applications for leave to appeal and the separate costs challenge by the plaintiff lacked mer…

  • 6 Mar 2002

    Formalex Ltd. v. Abdoolally Ebrahim & Co. (H.K.) Ltd.

    Citation
    Formalex Ltd. v. Abdoolally Ebrahim & Co. (H.K.) Ltd.
    Court
    District Court
    Case number
    DCCJ14886/2000

    For a corporate tenant, damages for a landlord's breach of a repairing covenant for a non-functioning air-conditioning system are assessed as the pecuniary difference in value to the tenant of the premises with and without functioning air-conditioning for the relevant period; non-pecuniary distress damages are not recoverable by a limited company; the assessed pecuniary loss is reduced by 35 percent to reflect the tenant's contribution; award is set off against plaintiff's claim yielding a net judgment for the defendant.

  • 24 Oct 2001

    Formalex Ltd. v. Abdoolally Ebrahim Co. (HK) Ltd.

    Citation
    Formalex Ltd. v. Abdoolally Ebrahim Co. (HK) Ltd.
    Court
    District Court
    Case number
    DCCJ14886/2000

    Court found that both ageing and inadequate maintenance contributed to the failure; on the evidence an apportionment was justified: 35% of the $158,000 repair cost was attributable to tenant's failure to repair and 65% to fair wear and tear. Judgment entered for the plaintiff for $55,300; counterclaim adjourned for further argument; interest and costs reserved.