Hong Kong Case Law: Decisions & Judgments

Topic

Buildings management ordinance

Legal area

Court

9 Dec 2019

SUNTERLY LTD v. THE INCORPORATED OWNERS OF FAR EAST MANSION

Citation

[2019] HKCFI 2917
Court

Court of First Instance
Case number

HCA1049/2019

Although there were serious questions to be tried, the injunction sought would not prevent the complained-of obstruction because the escalator was already installed and halting works would preserve the obstruction; photos and contractor evidence showed works near completion and the balance of convenience favoured completion rather than stopping works; Sunterly had delayed and the relief sought was therefore ineffective — interlocutory injunction refused and costs awarded to the IO.
15 Jun 2018

HO MAN YUEN v. THE INCORPORATED OWNERS OF KIU YU AND KIU FAT MANSIONS

Citation

[2018] HKDC 700
Court

District Court
Case number

DCCJ2116/2015

Plaintiff failed to discharge the burden of proof for adverse possession: his evidence was unreliable and contradicted by documentary admissions and other witness evidence; consequently his possessory title claim and associated claims for easement and trespass damages fail; IO is entitled to recover possession and to remove unauthorised structures if plaintiff does not do so within the court‑ordered period, with costs and nominal damages awarded to IO.
22 Sept 2011

TAM SZE MAN AND ANOTHER v. THE INCORPORATED OWNERS OF SHAN TSUI COURT

Citation

TAM SZE MAN AND ANOTHER v. THE INCORPORATED OWNERS OF SHAN TSUI COURT
Court

Court of Appeal
Case number

CACV30/2011

The Court of Appeal held that an internal partition wall between two flats is not a 'boundary wall' under Schedule 1 to the Buildings Management Ordinance and that, on a proper construction of the Deed of Mutual Covenant and the first assignments (taking account of coloured plans and the reservation context), the partition wall was designated for the exclusive use/benefit of the two adjoining flat owners; accordingly removal did not constitute a prohibited structural alteration under the DMC and the appellants are the owners entitled to exclusive possession of the partition wall.
18 May 2005

THE INCORPORATED OWNERS OF SINCERE HOUSE v. SINCERE CO LTD

Citation

THE INCORPORATED OWNERS OF SINCERE HOUSE v. SINCERE CO LTD
Court

Lands Tribunal
Case number

LDBM52/2005

Applicant, when exercising powers conferred by sections 16 and 18 of the Buildings Management Ordinance, must be treated as if it were a party to the Deed of Mutual Covenant and therefore bound by clause 23; the Respondent established a prima facie case that an arbitration agreement exists covering the dispute, so the Lands Tribunal proceedings must be stayed.
11 Apr 2000

SIU SIU HING t/a CHUNG SHING MANAGEMENT CO. v. THE LAND REGISTRAR

Citation

SIU SIU HING t/a CHUNG SHING MANAGEMENT CO. v. THE LAND REGISTRAR
Court

Court of First Instance
Case number

HCAL77/2000

Leave was granted because the question whether the Land Registrar acted within power in forming the incorporated owners, in light of the landholding structure and the conclusive evidence clause, raised an arguable point that could not be said to be exclusively for the Lands Tribunal without full argument; the matter was sufficiently meritorious to permit judicial review.

Hong Kong Case Law

SUNTERLY LTD v. THE INCORPORATED OWNERS OF FAR EAST MANSION

HO MAN YUEN v. THE INCORPORATED OWNERS OF KIU YU AND KIU FAT MANSIONS

TAM SZE MAN AND ANOTHER v. THE INCORPORATED OWNERS OF SHAN TSUI COURT

THE INCORPORATED OWNERS OF SINCERE HOUSE v. SINCERE CO LTD

SIU SIU HING t/a CHUNG SHING MANAGEMENT CO. v. THE LAND REGISTRAR