Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Waste

  • 15 Jul 2013

    梁志輝 對 邱金法

    Citation
    梁志輝 對 邱金法
    Court
    Lands Tribunal
    Case number
    LDPD1005/2013

    The respondent carried out brick rebuilding that materially altered the nature of the demised property (waste/unauthorised structural alteration) without landlord consent; that breach justified the Tribunal ordering recovery of vacant possession, requiring the respondent to demolish and restore the premises and to pay ongoing rent and costs; claims for tree losses were outside the Tribunal's jurisdiction because the trees lay outside the leased area.

  • 8 Oct 1999

    KAMSHAN HOLDINGS LTD. v. CHAN TUNG MAN

    Citation
    KAMSHAN HOLDINGS LTD. v. CHAN TUNG MAN
    Court
    Court of Appeal
    Case number
    CACV141/1999

    The Court allowed the appeal in part, holding the plaintiff was entitled only to $2,500 under clause 4 for removal of debris; the plaintiff had no cause of action in tort for waste because any such cause accrued before assignment and was not validly assigned under ss.16(1)/17 CPO; clause 7 could not be relied on as pleaded and would not expand liability; other claimed sums (including loss of rent, surveyor fee and larger removal costs) were not recoverable.

  • 16 Apr 1999

    KAMSHAN HOLDINGS LTD. v. CHAN TUNG MAN

    Citation
    KAMSHAN HOLDINGS LTD. v. CHAN TUNG MAN
    Court
    Court of First Instance
    Case number
    HCA7959/1997

    Defendant breached Clause 4 only in failing to remove chattels (filing cabinets); many alterations were ameliorating and unactionable, but certain alterations to the Second Premises (conversion for hoisting, conversion of residential sanitary/kitchen facilities and related changes converting residential character) constituted voluntary waste requiring reinstatement; plaintiff entitled to fair estimated reinstatement and professional costs totaling HKD 80,650; claim for loss of rent disallowed; costs to follow the event subject to District Court scale with order nisi.

  • 12 Jan 1978

    SYLVIA SETO v. MODY HOLDINGS LTD

    Citation
    SYLVIA SETO v. MODY HOLDINGS LTD
    Court
    Court of First Instance
    Case number
    HCA1811/1976

    Lease was validly forfeited for non‑payment of rent and for voluntary waste, but the court granted equitable relief against forfeiture because rent and mesne profits had been paid into court; relief is conditional on the defendant obtaining Building Authority consent or making required alterations; the Deed of Covenant did not create an enforceable right to a 15‑year tenancy or oblige the plaintiff to grant a further lease, so the defendant's counterclaim for possession and specific performance fails.

  • 19 Mar 1975

    CHEUNG YEUNG-KAN v. LTU KWAN

    Citation
    CHEUNG YEUNG-KAN v. LTU KWAN
    Court
    Court of First Instance
    Case number
    HCA2358/1974

    The defendant's conversion of a substantial external courtyard into internal rooms materially changed the nature and character of the demised premises and therefore amounted to actionable waste; the defendant was ordered to reinstate the premises to their condition as at 31 December 1973; no damages were awarded and costs were granted to the plaintiff.