Hong Kong Case Law: Decisions & Judgments

Topic

Buildings ordinance compliance

Legal area

Court

28 Mar 2024

THE INCORPORATED OWNERS OF KIN WING COMMERCIAL BUILDING v. WORLD TREASURE PROPERTIES LTD

Citation

[2024] HKLdT 24
Court

Lands Tribunal
Case number

LDBM107/2016

Structural parts of the 1/F canopy and the structural components of the assigned external walls are common parts under the DMC and BMO; although IO lacked authority under s.18(1)(a)-(c) and the 2014 BA Order to remove the entire canopy or to justify all surface works solely as compulsory works ordered by BA, the IO validly exercised its discretionary power under s.18(2)(g) BMO and clause 12(dd) of the DMC to resolve in general meeting to undertake the canopy removal and external wall works as matters in which owners had a common interest; accordingly the respondent is liable to contribute its…
20 Jul 2015

CHOY KUEN CHI v. TAT FUNG ENTERPRISES CO LTD

Citation

CHOY KUEN CHI v. TAT FUNG ENTERPRISES CO LTD
Court

Court of First Instance
Case number

HCA915/2011

Plaintiff proved continuous exclusive possession with requisite intent from about 1983 such that, on the balance of probabilities, defendant's paper title was extinguished by Limitation Ordinance s17; potential breaches of the Buildings Ordinance or New Grant concerned means of occupation and did not, on these facts and in absence of public‑policy reasons to the contrary, bar application of the Limitation Ordinance, so declaratory relief extinguishing defendant's title was granted while registration and other ancillary proprietary declarations were refused.
20 Aug 2014

MESSRS BAKER & MCKENZIE v. HENNEX INDUSTRIES LIMITED AND OTHERS

Citation

MESSRS BAKER & MCKENZIE v. HENNEX INDUSTRIES LIMITED AND OTHERS
Court

District Court
Case number

DCMP809/2014

The court construed the Superseding Orders by their express terms and plans, holding items 2-4 and the necessary attendant expenses of scaffolding and insurance (items 1 and 7) were reasonably necessary to comply. The disputed works (items 5 and 6) were not within the scope of the Superseding Orders; the Buildings Department letter did not corroborate the alleged oral representation. Therefore the 1st and 2nd claimants were liable for items 1-4 and 7 totaling HK$100,000; prior releases and payments were accounted for and the remaining funds ordered distributed accordingly; costs were awarded…
14 May 2013

COSMOS LEGAL CONSULATANT LTD v. SKYCHERRY DEVELOPMENT LTD AND ANOTHER

Citation

COSMOS LEGAL CONSULATANT LTD v. SKYCHERRY DEVELOPMENT LTD AND ANOTHER
Court

District Court
Case number

DCCJ2548/2009

Court found on the balance of probabilities that defective waterproofing at the Master Bathroom floor slab of Flat 42A caused continuing seepage from June 2008 until repaired in December 2010; both 1st and 2nd defendants were negligent/facilitated continuation of the nuisance and therefore jointly and severally liable for the Master Bathroom floor slab damage; the 2nd defendant alone was liable for the Guest Bathroom damage occurring before transfer; contribution of 20% allocated to the 2nd defendant based on period of responsibility; damages quantified and reduced by prior settlement payment.
19 Dec 2005

NGO TAI HONG v. ENDENNE DEVELOPMENT LTD AND OTHERS

Citation

NGO TAI HONG v. ENDENNE DEVELOPMENT LTD AND OTHERS
Court

Court of First Instance
Case number

HCA7929/2000

The vendor and its directors knowingly produced false title documents and are liable for fraudulent misrepresentation; the purchaser is entitled to rescind the assignment and recover specified damages, but rescission is conditional upon payment of those damages and accrued interest; the solicitors were not negligent or in breach and are not liable.

Hong Kong Case Law

THE INCORPORATED OWNERS OF KIN WING COMMERCIAL BUILDING v. WORLD TREASURE PROPERTIES LTD

CHOY KUEN CHI v. TAT FUNG ENTERPRISES CO LTD

MESSRS BAKER & MCKENZIE v. HENNEX INDUSTRIES LIMITED AND OTHERS

COSMOS LEGAL CONSULATANT LTD v. SKYCHERRY DEVELOPMENT LTD AND ANOTHER

NGO TAI HONG v. ENDENNE DEVELOPMENT LTD AND OTHERS