10 Jul 2023
MEMORAN CO LTD v. THE INCORPORATED OWNERS OF MEI HING MANSION
- Citation
- [2023] HKCA 841
- Court
- Court of Appeal
- Case number
- CACV48/2021
The Court allowed the appeal in part: it upheld the Recorder's construction that the inner structural part of the slab is a common part, but set aside the summary declarations and the part of the costs order awarding costs of the action because the declarations were discretionary, would not serve any useful purpose before trial given triable issues as to causation and extent of damage, and thus were inappropriate on an Order 14A determination; costs of the action could not properly be awarded where the action was not finally disposed of.