THE INCORPORATED OWNERS OF FEDERAL CENTRE 對 DUDJOM BUDDHIST ASSOCIATION INTERNATIONAL LTD

THE INCORPORATED OWNERS OF FEDERAL CENTRE 對 DUDJOM BUDDHIST ASSOCIATION INTERNATIONAL LTD

The Tribunal found the respondent failed to prove the potable and flushing sumps and pumps had been relocated unlawfully after building completion; key archival plumbing plans relied upon by respondent lacked approval or were ambiguous and did not displace the approved architectural and firefighting plans. The...

Source-derived case information.

Citation
[2024] HKLdT 90
Parties
Applicant: THE INCORPORATED OWNERS OF FEDERAL CENTRE; Respondent: DUDJOM BUDDHIST ASSOCIATION INTERNATIONAL LIMITED
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
1 November 2024
Case Number
LDBM60/2020
Procedural Posture
Building Management Application / Judgment
Outcome
Applicant succeeded in part; respondent's counterclaims dismissed; injunction issued restraining obstruction and damages awarded to applicant
Legal Topics
Right of Access, Deed of Mutual Covenant Enforcement, Waterworks Compliance, Fire Safety Compliance, Injunctive Relief, Damages, Statute Interpretation
Source Language
ch
Building Management Property Law Public Regulatory Law Tort (nuisance) Contract Law Right of Access Deed of Mutual Covenant Enforcement Waterworks Compliance +4 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

THE INCORPORATED OWNERS OF FEDERAL CENTRE

Applicant

DUDJOM BUDDHIST ASSOCIATION INTERNATIONAL LIMITED

Respondent

Procedural Posture

Building Management Application / Judgment

  1. 1 Whether potable and flushing water sumps and associated pumps were relocated unlawfully after completion of the building
  2. 2 Whether overflow pipes were added to the pumps in 2017/2018 without consent
  3. 3 Whether any such works breached statutory provisions, the deed of mutual covenant or the Building Management Ordinance

Ratio Decidendi

The Tribunal found the respondent failed to prove the potable and flushing sumps and pumps had been relocated unlawfully after building completion; key archival plumbing plans relied upon by respondent lacked approval or were ambiguous and did not displace the approved architectural and firefighting plans. The respondent, from about 2006, repeatedly imposed excessive conditions and obstructed access contrary to the deed and BMO s40; that obstruction materially delayed statutory maintenance and firefighting works. Counterclaims for unlawful alteration and for maintenance failures were dismissed for lack of proof or as time‑barred. Relief granted: a prohibitory injunction restraining the...

Court Disposition

Applicant succeeded in part; respondent's counterclaims dismissed; injunction issued restraining obstruction and damages awarded to applicant

Orders

  • Respondent is prohibited from, upon the applicant giving reasonable notice (or in case of emergency), refusing, obstructing or delaying the applicant, its management committee members or authorised persons from passing through or entering the property to inspect, maintain, repair or renew the building’s common parts
  • Respondent shall pay the applicant damages in the sum of HK$15,320