Ng, Wilson Ching Hung and Another v. Wong Yuk-kuen Florence and Others

Ng, Wilson Ching Hung and Another v. Wong Yuk-kuen Florence and Others

The meters were sited with the consent or approval of the original owner/developer and under Water Works Regulation R.27 the Water Authority determines meter siting; the applicants therefore take their title subject to those consents and regulations, so the presence of the meters did not breach the DMC and the application is dismissed.

Citation
Ng, Wilson Ching Hung and Another v. Wong Yuk-kuen Florence and Others
Parties
1st Applicant: NG, Wilson Ching Hung; 2nd Applicant: LIN Shiow Woan Mayco; 1st Respondent: WONG Yuk-kuen Florence; 2nd Respondent: FONG Shiu-pak; 3rd Respondent: LAM Yin; 4th Respondent: SZE Chien-chi Steve; 5th Respondent: HO Yuk-ying; 6th Respondent: WAN Shuk-yee; 7th Respondent: LI Sin-chun; 8th Respondent: LEE Kai-hoi; 9th Respondent: KO Chuen-yau; 10th Respondent: LEE Tak-man; 11th Respondent: KWOK Chi-chiu; 12th Respondent: YEUNG Pak-wing; 13th Respondent: LO Keng-fai; 14th Respondent: CHAN Bui-kiu; 15th Respondent: MA Chak-tai Joseph; 16th Respondent: LEE Yung
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
27 February 2001
Case Number
LDBM392/1999
Procedural Posture
Building Management Application / Judgment
Outcome
Application dismissed
Legal Topics
Deed of Mutual Covenant, Exclusive Use of Roof, Siting of Utilities, Water Authority Regulatory Powers, Access to Meters
Source Language
EN
Property Law Building Management Land Law Administrative Law Deed of Mutual Covenant Exclusive Use of Roof Siting of Utilities Water Authority Regulatory Powers +1 more

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Parties

NG, Wilson Ching Hung

1st Applicant

LIN Shiow Woan Mayco

2nd Applicant

WONG Yuk-kuen Florence

1st Respondent

FONG Shiu-pak

2nd Respondent

LAM Yin

3rd Respondent

SZE Chien-chi Steve

4th Respondent

HO Yuk-ying

5th Respondent

WAN Shuk-yee

6th Respondent

LI Sin-chun

7th Respondent

LEE Kai-hoi

8th Respondent

KO Chuen-yau

9th Respondent

LEE Tak-man

10th Respondent

KWOK Chi-chiu

11th Respondent

YEUNG Pak-wing

12th Respondent

LO Keng-fai

13th Respondent

CHAN Bui-kiu

14th Respondent

MA Chak-tai Joseph

15th Respondent

LEE Yung

16th Respondent

Procedural Posture

Building Management Application / Judgment

Legal Issues

  1. 1 Whether water meters sited on the applicants' roof breach clause 5 of the Deed of Mutual Covenant by interfering with exclusive use, occupation and enjoyment
  2. 2 Whether the siting of the meters was approved or consented to by the original owner/developer and binds successors
  3. 3 Whether the Water Authority has statutory power to determine meter siting under Water Works Regulation R.27

Ratio Decidendi

The meters were sited with the consent or approval of the original owner/developer and under Water Works Regulation R.27 the Water Authority determines meter siting; the applicants therefore take their title subject to those consents and regulations, so the presence of the meters did not breach the DMC and the application is dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Costs to the respondents to be taxed if not agreed