Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Building (planning) regulations compliance

Legal area

Court

19 Sept 2003

LUK KWAN HUNG NELSON v. VICTORY MARK INVESTMENT LTD

Citation

LUK KWAN HUNG NELSON v. VICTORY MARK INVESTMENT LTD
Court

Court of First Instance
Case number

HCA8530/1999

Court found clear non‑compliance with the Building (Planning) Regulations in respect of headroom of beams (master and Bonham Road bedrooms) and certain bay window/security bar measurements; implied terms that the vendor would build in compliance with Regulations, ensure fitness for habitation, and disclose material circumstances were properly implied; defendant knew of the headroom deficiency and failed to disclose an incumbrance/risk of enforcement before completion; plaintiff nevertheless affirmed the contract by negotiating a repurchase of Flat 25A only (not car park), so rescission and se…
27 Jul 1999

MEXON HOLDINGS LTD. v. SILVER BAY INTERNATIONAL LTD.

Citation

MEXON HOLDINGS LTD. v. SILVER BAY INTERNATIONAL LTD.
Court

Court of Appeal
Case number

CACV76/1999

The Court held the purchaser's late requisition did not go to the root of title; the defect (non-compliance with fire regulations) affected title in a broader sense but was peripheral and did not overturn the contractual time limit in clause 13, so the late requisition was not permitted; thus the vendor had shown good title in accordance with the agreement and the appeal was allowed to set aside the order below.