徐學仲及另一人 對 文耀樓業主立案法團

徐學仲及另一人 對 文耀樓業主立案法團

The appellants failed to demonstrate a reasonable prospect of success on appeal because the trial judge's factual findings — that the owners corporation offered multiple schemes and that the vertical drain was a common part issue not wrongly decided — were not shown to be plainly wrong; accordingly leave to appeal...

Source-derived case information.

Citation
[2023] HKCA 891
Parties
Appellant: 徐學仲; Appellant: 李明珍; Respondent: 文耀樓業主立案法團
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
25 July 2023
Case Number
CAMP57/2023
Procedural Posture
Civil Leave to Appeal / Application for Leave to Appeal (refused)
Outcome
Permission to appeal refused; leave application dismissed and originating summons of 8 February 2023 revoked
Legal Topics
Owners Corporation Powers, Common Parts, Repair and Maintenance, Permission to Appeal, Statutory Entry for Repairs
Source Language
ch
Building Management Property Law Civil Procedure Tort/negligence Owners Corporation Powers Common Parts Repair and Maintenance Permission to Appeal +1 more

Source-derived case record

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Parties

徐學仲

Appellant

李明珍

Appellant

文耀樓業主立案法團

Respondent

Procedural Posture

Civil Leave to Appeal / Application for Leave to Appeal (refused)

  1. 1 Whether appellants demonstrated a reasonable prospect of success to obtain leave to appeal
  2. 2 Whether the trial judge erred in fact‑finding that multiple construction schemes were proposed
  3. 3 Whether the disputed vertical drain formed part of the building's common parts and whether the owners corporation could remove it without consent

Ratio Decidendi

The appellants failed to demonstrate a reasonable prospect of success on appeal because the trial judge's factual findings — that the owners corporation offered multiple schemes and that the vertical drain was a common part issue not wrongly decided — were not shown to be plainly wrong; accordingly leave to appeal was refused.

Court Disposition

Permission to appeal refused; leave application dismissed and originating summons of 8 February 2023 revoked

Orders

  • Permission to appeal is refused
  • The summons dated 8 February 2023 filed by the first and second appellants is dismissed and revoked