雲疊花園業主立案法團 對 LEUNG SHUI LAN ANN

雲疊花園業主立案法團 對 LEUNG SHUI LAN ANN

The defence of acquiescence depends on the nature of the breach: if the breach is within the power of the incorporated owners to acquiesce and all elements of acquiescence are proved, the defence is available; if the breach is beyond their power to acquiesce, the defence is not available. Specific provisions dealing with a situation take precedence over general provisions in the same document.

Citation
[2018] HKLdT 3
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
18 January 2018
Case Number
LDBM131/2016
Legal Topics
Acquiescence, Breach of Mutual Covenants, Contractual Interpretation, Authority of Incorporated Owners, Removal of Unauthorized Structures
Source Language
EN
Property Law Contract Law Building Management Acquiescence Breach of Mutual Covenants Contractual Interpretation Authority of Incorporated Owners Removal of Unauthorized Structures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Legal Issues

  1. 1 Whether acquiescence can be set up as a defence to a claim for breach of mutual covenants
  2. 2 Whether incorporated owners can lawfully acquiesce in particular types of breaches of mutual covenants
  3. 3 How to reconcile specific covenants and general provisions in a management instrument (interpretation)

Ratio Decidendi

The defence of acquiescence depends on the nature of the breach: if the breach is within the power of the incorporated owners to acquiesce and all elements of acquiescence are proved, the defence is available; if the breach is beyond their power to acquiesce, the defence is not available. Specific provisions dealing with a situation take precedence over general provisions in the same document.