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DCCJ342/2021
BENNY LEE WAI KHEONG AND ANOTHER v. LAM KEN CHUNG SIMON AND ANOTHER
Case Details
Case ReferenceDCCJ342/2021
CourtDistrict Court 區域法院
Date Published2026-03-19
LanguageEnglish
NCN[2026] HKDC 480
Claimant / ApplicantBENNY LEE WAI KHEONG and HUI WAI HAN LINDA
Defendant / RespondentLAM KEN CHUNG SIMON and LISA TANG
JudgesDeputy District Judge Alan Yung
Claimant CounselMr Alvin Tsang
Defendant CounselMr Daneel Heung
Judgment Summary
Facts
- •Tenancy Agreement dated 20 May 2019 for 3 years at HK$59,000/month.
- •Block 8 renovation commenced mid-2020 using Traditional Method (bamboo scaffolding).
- •Tenants vacated on 17 August 2020 due to disturbance.
- •Landlords re-let the property in April 2022.
- •Dispute over whether an early termination clause was agreed and subsequently removed.
- •Defendants applied to adduce telephone bills late in trial to challenge evidence of a phone call.
Issues
- •Whether Plaintiffs made misrepresentations about renovation timing and method.
- •Whether Plaintiffs breached the covenant for quiet enjoyment.
- •Whether Defendants were entitled to terminate the Tenancy.
- •Whether the Tenancy Agreement should be rectified to include an early termination clause.
- •Whether Plaintiffs failed to mitigate their loss.
- •Admissibility of late evidence (telephone bills).
Outcome
- •Defendants' application to adduce telephone bills allowed.
- •2nd Defendant permitted to give supplemental oral evidence explaining the bills.
- •Admissibility to be addressed in closing submissions.
- •Final ruling on claims and counterclaims not contained in the provided text.
Implication
- •Courts may admit late evidence if prompted by a material clarification in the opposing case.
- •Landlords may face liability for disturbances caused by building renovations even if managed by Incorporated Owners.
- •Tenants may argue breach of quiet enjoyment due to scaffolding and noise.
- •Clear documentation of pre-tenancy representations is crucial.
Laws & Authorities Cited
- §TYT v TLH [2020] HKFC 153
- §Balram Chainrai v Kushnir Family Holdings Ltd [2018] HKCFI 17
- §Ladd v Marshall [1954] 1 WLR 1489
- §Amrol v Rivera [2008] 4 HKLRD 110
- §Cheung Wei Man & Another v Centaline Property Agency Ltd & Others (HCA 286/2000)
- §Rules of the District Court, Order 1A