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Hong Kong decisions
Decisions matching the current search
The Court of First Instance construed a government lease and held that proposed toilets in a ground-floor car-port area would not breach the ten-storey height limit.
The District Court dismissed five Sea Ranch management-fee enforcement actions, holding the charge memoranda invalid and refusing an order for sale.
The Court of Appeal held that the lease required the Director’s written consent for redevelopment and rejected the claim that the Government had waived breach concerning the earlier building.
The Lands Tribunal refused leave to appeal, holding the proposed appeal disclosed no reasonable prospect of success and raised no valid new grounds.
Applicant's relief was dismissed because respondent had taken reasonable and contractually permitted steps (including commissioning a qualified plumber whose report found no ongoing defect), the contested management choices fell within the manager's discretion and reasonable options under the Deed (so court will not intervene), the clubhouse is a common area under the Deed and clause 39 applies, and clause 12(a) does not entitle owners to determine the manager's fee amount by resolution.
Source excerpt
The Court of First Instance held that loading and unloading bays in Golden Industrial Building were common areas under the DMC, rejecting estoppel and laches defenses.
The District Court refused leave to appeal after holding that the 2/F Assignment and DMC gave the 2/F Owner exclusive use of the Main Roof, so the defendant’s rooftop installation was not trespass.
The District Court held that the insurer could recover sanctioned settlement payments, its costs, interest, and disbursements from the insured because the claim arose from an excluded stand-alone scaffolding task.
The court ordered taxation of the Third Bill only, refused taxation of the First and Second Bills for lack of special circumstances, and fixed HKD 200,000 interim payment.
The Court of Appeal held that the 1958 land grant gave the lessee a general right of way that included vehicular access, and dismissed the appeal.
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