松林置業有限公司 對 名德大樓業主立案法團

松林置業有限公司 對 名德大樓業主立案法團

Fire safety equipment or installations that are fixed fixtures located within an individual unit and not an integral part of the building's shared system do not constitute 'common parts' under Cap.344 s.2 and the First Schedule; consequently the applicant's installations in its shop are not common parts and the...

Source-derived case information.

Citation
[2018] HKLdT 8
Parties
Applicant: 松林置業有限公司; Respondent: 名德大樓業主立案法團
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
1 March 2018
Case Number
LDBM72/2017
Procedural Posture
Building Management Application (building Management Ordinance) / Application for Leave to Appeal Decision
Outcome
Application for leave to appeal refused
Legal Topics
Common Parts, Interpretation of Building Management Ordinance S.2 and First Schedule, Fire Safety Compliance Orders, Leave to Appeal, Costs
Source Language
ch
Building Management Law Property Law Administrative/regulatory Compliance Civil Procedure Common Parts Interpretation of Building Management Ordinance S.2 and First Schedule Fire Safety Compliance Orders Leave to Appeal +1 more

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Parties

松林置業有限公司

Applicant

名德大樓業主立案法團

Respondent

Procedural Posture

Building Management Application (building Management Ordinance) / Application for Leave to Appeal Decision

  1. 1 Whether fire safety equipment required by a fire service notice installed inside an individual unit constitutes 'common parts' under Building Management Ordinance Cap.344 s.2 and First Schedule
  2. 2 Whether the proposed appeal raises matters of public or widespread interest warranting leave to appeal
  3. 3 Whether the applicant's installation is an integral part of the building system or is for the general use or benefit of all owners

Ratio Decidendi

Fire safety equipment or installations that are fixed fixtures located within an individual unit and not an integral part of the building's shared system do not constitute 'common parts' under Cap.344 s.2 and the First Schedule; consequently the applicant's installations in its shop are not common parts and the application for leave to appeal is refused.

Court Disposition

Application for leave to appeal refused

Orders

  • Application for leave to appeal dismissed
  • Interim order that the applicant pay the costs of this application including barrister's certificate to be assessed on the District Court scale and assessed under the simplified (small claims/simple) procedure