Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Building licence compliance

  • 3 Jun 2011

    LEE YUM SANG v. YEUNG FOOK HONG AND ANOTHER

    Citation
    LEE YUM SANG v. YEUNG FOOK HONG AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA638/2009

    Plaintiff entitled to an easement/right of way by necessity over the specified area of section C; however plaintiff had no proprietary or contractual right to keep the ramp because that was not pleaded as part of any promise and long use did not create a right to the ramp; plaintiff cannot discharge foul or contaminated water through the drain as this would breach the building licence and public policy; defendants' unilateral digging up of the ramp and access justified plaintiff's injunction application and supports an award of costs to plaintiff.

  • 7 May 1998

    CHAN KIN LEUNG v. LOK KAR CHEONG

    Citation
    CHAN KIN LEUNG v. LOK KAR CHEONG
    Court
    Court of First Instance
    Case number
    HCMP3993/1997

    The vendor proved that Building Licence No.13 (as rectified) covered the property and answered the Building Licence requisition; the purchaser had actual knowledge the original New Grant was lost and, by conduct and correspondence, impliedly waived or was estopped from insisting on production of a certified copy of New Grant No.2250; recitals in title documents older than 15 years (s.13(4)) provided sufficient evidence of the New Grant; accordingly the vendor showed good title and the originating summons was dismissed with costs to the defendant.