Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Building management ordinance cap 344

Legal area

Court

11 Sept 2006

LIK KAI ENGINEERING CO. LTD. v. NEW CITY (H.K.) MANAGEMENT LTD. AND ANOTHER

Citation

LIK KAI ENGINEERING CO. LTD. v. NEW CITY (H.K.) MANAGEMENT LTD. AND ANOTHER
Court

District Court
Case number

DCCJ207/2004

The court refused to strike out the plaintiff's claim against D2 because, on the face of the existing pleadings, it was not plain and obvious that the plaintiff had no arguable cause of action; however the pleadings lacked sufficient particularity as to (a) the factual basis of any agency between D1 and D2 and (b) the factual basis for treating the air‑conditioning and fire‑fighting installations as common parts. The plaintiff was granted leave to re‑amend to plead particulars accordingly; costs were apportioned as ordered.
16 Sept 2005

THE INCORPORATED OWNERS OF WING HING BUILDING v. SIU TAI WAH

Citation

THE INCORPORATED OWNERS OF WING HING BUILDING v. SIU TAI WAH
Court

Lands Tribunal
Case number

LDBM197/2005

Clause 4 of the DMC, read with the Third Schedule, governs apportionment of the special repair fund: shop owners are exempt from lift-related renewal costs and all other costs are apportioned by the management shares set out in the Third Schedule. Therefore the applicant's method of apportionment is correct and judgment is entered for the applicant; s22(2) is not engaged.