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Hong Kong decisions
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The Lands Tribunal ordered respondents to restore common parts occupied for storage, rejecting estoppel and waiver but allowing relief only if the IO repaid HK$119,000.
The judge held that the summons properly charged an offence under s40(1BA) for failure to comply with a s24(1) order; s40(8)'s 'may' is discretionary in context and the provision affords alternative 12‑month periods including discovery by the Building Authority; s40(1BA) is a continuing offence so the 2010 prosecution was within time; corporations are capable of committing the offence under statutory definitions and s40(6); the accused's representative voluntarily absented himself after receiving the materials, so the magistrate properly continued the trial. Therefore the conviction was uphel…
Source excerpt
The Lands Tribunal held the owners corporation breached its duties by failing to enforce air-conditioner and roller shutter covenants and by delaying wall repairs causing seepage.
The Court of Appeal held that clause 10(b) of a deed of mutual covenant was enforceable and that structural repair costs were properly apportioned by undivided shares. The appeal was dismissed.
The court held that the plaintiff had an exclusive legal right to the lift lobby, but no defect in title arose. The building-regulation claim failed and the flood was not caused by any proven breach.
Court of First Instance judgment on a hotel sale dispute, addressing practical completion, alleged defects, and whether the purchaser or vendor repudiated the agreement.
The court held that the purchaser's requisition on title failed, the vendors proved good title, and the purchaser's non-completion was repudiatory. Damages on the counterclaim were nominal only.
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