24 Jul 2025
THE INCORPORATED OWNERS OF HUNG WAI BUILDING v. SUNNY ELEGANT LTD AND OTHERS
- Citation
- [2025] HKCA 685
- Court
- Court of Appeal
- Case number
- CAMP164/2024
Leave refused because respondents' grounds were re‑running factual arguments rejected by the Judge and had no reasonable prospect of success; the Judge properly construed the DMC and, on evidence of design, layout and access, correctly found the Disputed Areas are common parts usable by residential owners; Clause A(a) does not create a residential/commercial distinction restricting easement rights to a particular unit; therefore the intended appeal is not arguable.