Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Way-leave doctrine
  • 9 Apr 1985

    ATTORNEY GENERAL v. STEPHEN CHIU KWOK CHUN

    Citation
    ATTORNEY GENERAL v. STEPHEN CHIU KWOK CHUN
    Court
    Court of Appeal
    Case number
    CACV167/1984

    The Court held that where a trespasser remains in residential property (departmental quarters) the plaintiff is entitled to damages measured by the ordinary letting/market value of the property (including management charges), not merely the plaintiff's notional or mitigated loss; thus the assessment must be based on fair letting value and contractual arrears, producing an award of HK$257,104.26.