Question 3

Baby Lam is a 19 year old cello player, and wishes to join a famous orchestra in order to realize her dream. She learns that the conductor of the Vienna Philharmonic Orchestra, Mr Mikael Strauss, will be staying in the Kowloon Hotel for 2 weeks starting 8 July 2022. Baby persuaded the hotel concierge staff to disclose the room number of Mikael, being room 666. Baby made a reservation for room 665 for the same period, and started playing her cello every day from 10am to 10pm inside the room, hoping that she would impress Mikael.

In fact, Mikael had switched to room 766 for a better view of the night sky. Room 666 was occupied by Ludwig and Iris instead for their honeymoon staycation, for 3 days. Unfortunately, Ludwig was a workaholic, therefore he stayed in the hotel room all day replying to client emails, whereas Iris would spend every day out shopping until 3am. When Iris returns to room 666, she would fall immediately asleep.

On 11 July, as she was packing up to leave, Iris finally heard the cello music from the adjacent room, and she loved it. She was a fan of philharmonic orchestras, and would be willing to spend $5,000 to listen to cello performances, no matter how terrible the performance is. Ludwig on the other hand, was particularly disgusted by cello noise, and was burdened by the nuisance from Baby's performance since the first day he moved in. He would have paid $5,000 for Baby to stop playing, had he known it was possible. Zoe works at the Kowloon Hotel as a cleaning staff in charge of the 6th floor. During the course of her work, she would hear Baby's performance for an hour each day on average. Baby regularly performs her cello at community centres, where she would receive a modest sum of $500 for each 2 hour performance.

Advise the parties as to their rights and obligations. based on the Unjust Enrichment Law)