Hong Kong Case Law: Decisions & Judgments

Topic

Access to common property

Legal area

Court

3 Nov 2016

WONG PIK HA v. 源發大廈業主立案法團

Citation

WONG PIK HA v. 源發大廈業主立案法團
Court

Lands Tribunal
Case number

LDBM193/2015

The application for leave to adduce expert evidence is refused because the disputed EMSD Request is a factual matter the expert cannot resolve, the safety objection rests on the IO's factual state of mind and must be supported by factual evidence rather than after‑the‑fact expert opinion, EMSD and CLP correspondence and guidance are the appropriate sources for proper procedures, and the IO sought expert evidence to gather support for its defence rather than to address a pleaded issue; therefore expert evidence is unnecessary, irrelevant and not probative.
30 Sept 2013

THE INCORPORATED OWNERS OF CHUNG YUEN MANSION v. WINNER SCENE LTD

Citation

THE INCORPORATED OWNERS OF CHUNG YUEN MANSION v. WINNER SCENE LTD
Court

Court of First Instance
Case number

HCA444/2013

The defendant unlawfully obstructed access to the machine room, the plaintiff was entitled to all costs of the proceedings including 15 March 2013, and because of the defendant's prior obstructive conduct and stance on 18 July 2013 costs from that date are to be taxed on an indemnity basis; leave to discontinue is granted as the practical relief had been provided.
11 Jul 2006

LAM PUI AND ANOTHER v. THE INCORPORATED OWNERS OF BEVERLY GARDEN

Citation

LAM PUI AND ANOTHER v. THE INCORPORATED OWNERS OF BEVERLY GARDEN
Court

Lands Tribunal
Case number

LDBM360/2005

The tribunal held that Clauses A6 and A12 refer to the nature or operation of the business and not to the speculative misconduct of customers; the Respondent produced insufficient evidence that an internet‑bar, by its operation, would constitute a nuisance or annoyance, and therefore the refusal to approve decoration and to permit access to the transformer room was wrongful.

Hong Kong Case Law

WONG PIK HA v. 源發大廈業主立案法團

THE INCORPORATED OWNERS OF CHUNG YUEN MANSION v. WINNER SCENE LTD

LAM PUI AND ANOTHER v. THE INCORPORATED OWNERS OF BEVERLY GARDEN