Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Building management ordinance obligations

Legal area

Court

11 Sept 2023

CHIU YI TUNG v. LO YUE FUNG FRANKY AND ANOTHER

Citation

[2023] HKDC 1117
Court

District Court
Case number

DCCJ3591/2019

On the balance of probabilities the court found the water seepage to Flat 2A was caused by defective waterproofing layers and pipe leakage in Flat 3A; the defendants acquired actual knowledge of that source by the Joint Office letter (4 June 2018) and the Nuisance Notice and failed to take reasonable steps to abate the nuisance within a reasonable time; accordingly defendants were liable in nuisance and negligence and for breach of statutory/contractual maintenance duties and plaintiff was entitled to mandatory injunctive relief and damages.
8 Apr 2022

SILVER KING CHINA LTD v. HUY YUN SHIU AND OTHERS

Citation

[2022] HKDC 301
Court

District Court
Case number

DCCJ3960/2021

Clause 16 of the DMC is prima facie an arbitration agreement covering the disputes between the plaintiff and all defendants including the management company as agent of the incorporated owners; the requirements of s.20(1) AO are satisfied; Clause 16 is not incapable of being performed; public law/HKBORO arguments fail because HKBORO does not bind private parties; procedural irregularity was cured by amendment and in any event did not nullify the application; accordingly the court must refer the matters to arbitration and stay the proceedings and award indemnity costs to defendants.