Hong Kong Case Law: Decisions & Judgments

Topic

Application of building management ordinance

Legal area

Court

3 Mar 2025

交通城大廈業主立案法團 v. PAKATOWER LTD

Citation

[2025] HKLdT 7
Court

Lands Tribunal
Case number

LDBM152/2020

The Tribunal held that the DMC and First Assignment, read contextually, reserved exclusive occupation rights in the Others Unit to the registered owner; the Housing Premises (including the Semi-circle Area and Disputed Room) are part of the Others Unit and not Common Areas/Common Facilities such that IO has no free-standing right of exclusive occupation beyond the Manager's right of access under clause 1(d); IO must deliver vacant possession within six months; mesne profits assessed by reference to the last tenancy (monthly HK$3,307 from 1 May 2015, adjusted annually by the Private Flatted Fa…
14 Oct 2014

CHOW CHUI CHUI AND OTHERS v. KAFULL INTERNATIONAL LTD AND OTHERS

Citation

CHOW CHUI CHUI AND OTHERS v. KAFULL INTERNATIONAL LTD AND OTHERS
Court

Lands Tribunal
Case number

LDBM299/2012

The application to vary the costs order nisi was refused because the issues in the underlying trial involved novel and primarily legal questions (interpretation of DMC/Sub‑DMCs and the BMO) such that briefing counsel was not unreasonable; accordingly the variation was denied, and costs of the variation application were ordered to the Former MC Members to be taxed at District Court Scale without a counsel certificate.
10 Aug 2012

郭錦燊 v. 澤安閣業主立案法團

Citation

郭錦燊 v. 澤安閣業主立案法團
Court

Lands Tribunal
Case number

LDBM357/2011

Clause 5(f) must be read as referring to the payment and apportionment mechanism in Clause 5(g)(ii) read with Clause 5(h); those provisions constitute the operative method for funding the costs under Clause 5(f), therefore the renovation costs approved by the EGMs are to be apportioned according to the management shares in the Schedule; Clause 5(g)(iii) does not apply to general maintenance items in dispute but, if it did, the Manager had effectively elected the management‑share apportionment by the estimate placed before the meeting.
26 Aug 1999

The Incorporated Owners of Hing Hon Building v. Leung Kam Wah

Citation

The Incorporated Owners of Hing Hon Building v. Leung Kam Wah
Court

Lands Tribunal
Case number

LDBM145/1999

Contributions must be fixed in accordance with the DMC where the DMC so provides (flat per unit only for items expressly listed in Clause 10(c)); for items not so provided the apportionment must follow the respective undivided shares under s22(2) of the Building Management Ordinance; Clause 12(j)(iii) does not allow majority resolutions to override the DMC or the statutory scheme.

Hong Kong Case Law

交通城大廈業主立案法團 v. PAKATOWER LTD

CHOW CHUI CHUI AND OTHERS v. KAFULL INTERNATIONAL LTD AND OTHERS

郭錦燊 v. 澤安閣業主立案法團

The Incorporated Owners of Hing Hon Building v. Leung Kam Wah