JOHN JOSEPH GUNNING v. THE INCORPORATED OWNERS OF KING\'S COURT, CONSORT RISE AND OTHERS

JOHN JOSEPH GUNNING v. THE INCORPORATED OWNERS OF KING\'S COURT, CONSORT RISE AND OTHERS

The Tribunal held that the IO and management committee had not failed in their duties such as to justify a declaration, equitable defences by the 1C Owner failed, and it was a proper exercise of discretion to grant an injunction ordering the 1C Owner to reinstate his flat (except the drainpipes) by 4 July 2008 while refusing all other reliefs because remaining breaches were rectified or could be regularised and some structures benefited all owners.

Citation
JOHN JOSEPH GUNNING v. THE INCORPORATED OWNERS OF KING\'S COURT, CONSORT RISE AND OTHERS
Parties
Applicant (ldbm 104/2004); 1st Respondent (ldbm 118/2005): The Incorporated Owners of King's Court, Consort Rise; Respondent (ldbm 104/2004); Applicant (ldbm 118/2005): John Joseph Gunning; 2nd Respondent (ldbm 118/2005): Tai Ming Ming; 3rd Respondent (ldbm 118/2005): Law Yiu Tung; 4th Respondent (ldbm 118/2005): Cheng Chau Thomas; 5th Respondent (ldbm 118/2005): Andrew Cheung; 6th Respondent (ldbm 118/2005): Michael Wong
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
4 December 2007
Case Number
LDBM118/2005
Procedural Posture
Building Management Application (lands Tribunal) / Judgment Delivered (final)
Outcome
Injunction granted against John Joseph Gunning to reinstate his flat as pleaded except for the drainpipes; all other applications and declarations refused; costs ordered each party to bear its own with order nisi to be made absolute in 6 weeks.
Legal Topics
Deed of Mutual Covenant, Injunction, Owners Incorporation Duties, Unauthorised Building Works, Costs
Source Language
EN
Property Building Management Civil Procedure Equity Deed of Mutual Covenant Injunction Owners Incorporation Duties Unauthorised Building Works +1 more

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Parties

The Incorporated Owners of King's Court, Consort Rise

Applicant (ldbm 104/2004); 1st Respondent (ldbm 118/2005)

John Joseph Gunning

Respondent (ldbm 104/2004); Applicant (ldbm 118/2005)

Tai Ming Ming

2nd Respondent (ldbm 118/2005)

Law Yiu Tung

3rd Respondent (ldbm 118/2005)

Cheng Chau Thomas

4th Respondent (ldbm 118/2005)

Andrew Cheung

5th Respondent (ldbm 118/2005)

Michael Wong

6th Respondent (ldbm 118/2005)

Procedural Posture

Building Management Application (lands Tribunal) / Judgment Delivered (final)

Legal Issues

  1. 1 Whether the owners incorporation and management committee failed to discharge duties under the Deed of Mutual Covenant or Building Management Ordinance
  2. 2 Whether declarations should be granted for alleged failure of duty
  3. 3 Whether injunctions should be granted to compel removal or reinstatement of unauthorised building works

Ratio Decidendi

The Tribunal held that the IO and management committee had not failed in their duties such as to justify a declaration, equitable defences by the 1C Owner failed, and it was a proper exercise of discretion to grant an injunction ordering the 1C Owner to reinstate his flat (except the drainpipes) by 4 July 2008 while refusing all other reliefs because remaining breaches were rectified or could be regularised and some structures benefited all owners.

Court Disposition

Injunction granted against John Joseph Gunning to reinstate his flat as pleaded except for the drainpipes; all other applications and declarations refused; costs ordered each party to bear its own with order nisi to be made absolute in 6 weeks.

Orders

  • Injunction against John Joseph Gunning to reinstate his flat as pleaded except for the drainpipes by 4 July 2008
  • All other applications for relief refused including declarations and injunctions against other parties