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 licence granted by the First Owner for the siting of the water meters was not a bare licence revocable at will but effectively runs with the land; the water meters and attached pipes are fixtures/common parts under the Deed of Mutual Covenant and the applicants took title subject to that licence, therefore there were no grounds to order removal, relocation, rent or damages and the review 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
20 February 2002
Case Number
LDBM392/1999
Procedural Posture
Building Management Application (review) / Judgment on Review
Outcome
Application for review dismissed
Legal Topics
Licence to Use Land, Fixtures, Deed of Mutual Covenant, Water Meter Siting, Revocation of Licence, Constructive Notice, Tribunal Jurisdiction
Source Language
EN
Property Law Land Law Building Management Civil Procedure Licence to Use Land Fixtures Deed of Mutual Covenant Water Meter Siting +3 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 (review) / Judgment on Review

Legal Issues

  1. 1 Whether the developer's licence for siting water meters was a bare revocable licence or a covenant running with the land
  2. 2 Whether water meters and attached pipes are fixtures/common parts under the Deed of Mutual Covenant
  3. 3 Whether the licence was transmitted to subsequent owners on assignment

Ratio Decidendi

The licence granted by the First Owner for the siting of the water meters was not a bare licence revocable at will but effectively runs with the land; the water meters and attached pipes are fixtures/common parts under the Deed of Mutual Covenant and the applicants took title subject to that licence, therefore there were no grounds to order removal, relocation, rent or damages and the review is dismissed.

Court Disposition

Application for review dismissed

Orders

  • Application for review dismissed with costs to the Respondents to be taxed if not agreed
  • No order that the water meters be removed or relocated by the Respondents or their agent