Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Building management ordinance s18

  • 25 May 2021

    KWOK SHU v. THE INCORPORATED OWNERS OF KENT BUILDING

    Citation
    [2021] HKDC 632
    Court
    District Court
    Case number
    DCCJ1572/2017

    The court found the roof (Roof B) to be the cause of the continuing water leakage, rejected the defendant's contribution allegations for lack of evidence, and held that the Incorporated Owners failed to take all reasonable and practicable steps to eradicate the persistent leakage despite knowledge and repeated remedial attempts; accordingly the IO breached duties under s18(1) BMO and the DMC and was liable in nuisance and negligence, entitling the plaintiff to damages for loss of rental income and repair costs and to a mandatory injunction compelling comprehensive repairs within specified tim…

  • 26 Aug 2004

    KUNG SHING INVESTMENT LTD v. THE SUNBEAM MANUFACTURING CO LTD AND ANOTHER

    Citation
    KUNG SHING INVESTMENT LTD v. THE SUNBEAM MANUFACTURING CO LTD AND ANOTHER
    Court
    District Court
    Case number
    DCCJ4093/2002

    The waterproofing layer is located within the core of the roof slab and within parapet walls, is continuous and serves the whole building; it therefore qualifies as a common part under section 2 of the Building Management Ordinance and falls within the statutory duty in section 18, making the Incorporated Owners (2nd Defendant) liable to repair and pay awarded repair costs; the 1st Defendant, as owner only of the upper surface of Roof B, has no duty to maintain common parts and is not liable to the plaintiff.