聯基新樓業主立案法團 v. YAN YAN MOTORS LTD

聯基新樓業主立案法團 v. YAN YAN MOTORS LTD

Leave to appeal was granted because the defendant raised various arguable points of law about the construction of the deed of mutual covenant and the effect of section 34H BMO that warranted appellate consideration; leave was extended to permit argument about the main roof and to amend the applications as necessary; costs of the applications were ordered in the cause of the appeal.

Citation
聯基新樓業主立案法團 v. YAN YAN MOTORS LTD
Parties
Claimant (respondent): 聯基新樓業主立案法團; Defendant (appellant): YAN YAN MOTORS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 April 2015
Case Number
HCSA12/2015
Procedural Posture
Small Claims Tribunal Appeal in High Court / Leave to Appeal Application Granted
Outcome
Leave to appeal on point of law granted
Legal Topics
Deed of Mutual Covenant, Apportionment of Repair Costs, Jurisdiction of Small Claims Tribunal, Buildings Management Ordinance S34 H, Leave to Appeal
Source Language
EN
Property Law Building Management Civil Procedure Statutory Interpretation Deed of Mutual Covenant Apportionment of Repair Costs Jurisdiction of Small Claims Tribunal Buildings Management Ordinance S34 H +1 more

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Parties

聯基新樓業主立案法團

Claimant (respondent)

YAN YAN MOTORS LIMITED

Defendant (appellant)

Procedural Posture

Small Claims Tribunal Appeal in High Court / Leave to Appeal Application Granted

Legal Issues

  1. 1 Proper apportionment of costs for repairs and maintenance of external walls and main roof
  2. 2 Construction and effect of clause 3 of the deed of mutual covenant
  3. 3 Which party bears burden of proof that developer had exclusive use of parts of the building

Ratio Decidendi

Leave to appeal was granted because the defendant raised various arguable points of law about the construction of the deed of mutual covenant and the effect of section 34H BMO that warranted appellate consideration; leave was extended to permit argument about the main roof and to amend the applications as necessary; costs of the applications were ordered in the cause of the appeal.

Court Disposition

Leave to appeal on point of law granted

Orders

  • Leave to appeal granted on point of law
  • Leave extended to permit argument that the defendant should not share costs for the main roof and to amend the applications for leave as necessary