黎偉雄 對 信和物業管理有限公司

黎偉雄 對 信和物業管理有限公司

Leave to appeal was granted because the Court of Appeal concluded the original judge committed an error of law by refusing to interpret the DMC and related documents in light of the relevant background and circumstances; that legal error justified permission to appeal for proper determination of whether the...

Source-derived case information.

Citation
[2019] HKCA 515
Parties
Applicant: 黎偉雄; Respondent: 信和物業管理有限公司
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
14 May 2019
Case Number
CAMP4/2019
Procedural Posture
Leave to Appeal to Court of Appeal Against Lands Tribunal Building Management Decision / Permission to Appeal Granted; Explanation for Late Filing Accepted
Outcome
Permission to appeal granted
Legal Topics
Common Parts, Public Pedestrian Passage, Deed of Mutual Covenant, 24 Hour Public Right of Way, Leave to Appeal
Source Language
ch
Property Law Land Law Contract/deed Interpretation Civil Procedure Common Parts Public Pedestrian Passage Deed of Mutual Covenant 24 Hour Public Right of Way +1 more

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Summary, issues, holding and outcome

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Parties

黎偉雄

Applicant

信和物業管理有限公司

Respondent

Procedural Posture

Leave to Appeal to Court of Appeal Against Lands Tribunal Building Management Decision / Permission to Appeal Granted; Explanation for Late Filing Accepted

Legal Issues

  1. 1 Whether the pedestrian link from the mall to the public footbridge constitutes a common part under the Deed of Mutual Covenant
  2. 2 Whether the land grant and approved plans impose an obligation to provide a 24-hour public pedestrian passage
  3. 3 Whether the approved plans and sales documents situate the pedestrian passage within the mall

Ratio Decidendi

Leave to appeal was granted because the Court of Appeal concluded the original judge committed an error of law by refusing to interpret the DMC and related documents in light of the relevant background and circumstances; that legal error justified permission to appeal for proper determination of whether the pedestrian link is a common part and related liabilities.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted against the Lands Tribunal judge's decision dated 3 August 2018
  • Applicant's explanation for late filing accepted and extension of time granted