Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Buildings ordinance s.41(3)

Legal area

Court

18 Aug 1993

DEI CHUEN HO INDUSTRIAL LIMITED v. LEUNG YIN POR AND ANOTHER

Citation

DEI CHUEN HO INDUSTRIAL LIMITED v. LEUNG YIN POR AND ANOTHER
Court

Court of First Instance
Case number

HCMP303/1993

The vendors failed to produce evidence that the conversion from 4 to 24 shops was non‑structural and therefore exempt from Building Authority approval under s.41(3); consequently Requisition No.1 remained unanswered on or before 3 November 1992, the purchaser validly rescinded the agreement by notice, and the vendors were obliged to return the deposit and to pay interest and the purchaser's costs.
7 May 1993

OCTORICH LTD. v. LIU SIN MING and Another

Citation

OCTORICH LTD. v. LIU SIN MING and Another
Court

Court of First Instance
Case number

HCMP977/1992

The court held that 'workshop' in the Occupation Permit described permissible use not a limit on number; the partition did not require Building Authority approval under s.41(3) and in any event did not affect title; the requisitions raised nine months after delivery were matters apparent from the title documents and thus hopelessly out of time; accordingly the defendants had shown good title and the summons was dismissed.