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 on the proper construction of the deed of mutual covenant and the effect of section 34H BMO regarding apportionment of repair and maintenance costs; those issues require full appellate consideration rather than summary determination on the leave application.

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
HCSA11/2015
Procedural Posture
Small Claims Tribunal Appeal / Application for Leave to Appeal (leave Granted)
Outcome
Leave to appeal granted on point(s) of law relating to apportionment of repair and maintenance costs (including main roof); costs of the applications ordered in the cause
Legal Topics
Deed of Mutual Covenant Construction, Apportionment of Repair and Maintenance Costs, Jurisdiction of Small Claims Tribunal, Section 34 H Buildings Management Ordinance
Source Language
EN
Property Law Building Management Civil Procedure Deed of Mutual Covenant Construction Apportionment of Repair and Maintenance Costs Jurisdiction of Small Claims Tribunal Section 34 H Buildings Management Ordinance

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 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 / Application for Leave to Appeal (leave Granted)

Legal Issues

  1. 1 Proper apportionment of costs of repairs and maintenance of external walls and main roof
  2. 2 Whether clause 3 of the deed of mutual covenant gave the developer exclusive rights and liabilities for the external walls and main roof
  3. 3 Burden of proof as to actual use or occupation by the developer

Ratio Decidendi

Leave to appeal was granted because the defendant raised various arguable points of law on the proper construction of the deed of mutual covenant and the effect of section 34H BMO regarding apportionment of repair and maintenance costs; those issues require full appellate consideration rather than summary determination on the leave application.

Court Disposition

Leave to appeal granted on point(s) of law relating to apportionment of repair and maintenance costs (including main roof); costs of the applications ordered in the cause

Orders

  • Leave to appeal granted pursuant to section 28 Small Claims Tribunal Ordinance
  • Defendant granted leave to amend applications to raise the issue of the main roof as necessary