Hong Kong Case Law: Decisions & Judgments

Topic

Buildings ordinance s24

Legal area

Court

10 Oct 2019

香港特別行政區訴啓運發展有限公司

Citation

[2019] HKCFI 2370
Court

Court of First Instance
Case number

HCMA201/2018

Service under the Buildings Ordinance is an element of the offence and, on the facts, the unauthorised fixtures and coverings in the rear lane were used as an extension of the appellant's shop at Nos.71–73 such that the demolition order was properly served on and binding the appellant; accordingly the prosecution proved the offence beyond reasonable doubt and the appeal against conviction fails.
11 Dec 2006

EVER FAMOUS LTD v. DONNY INTERNATIONAL LTD

Citation

EVER FAMOUS LTD v. DONNY INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCA1507/1998

The vendor had shown good title by delivery of the title documents and the purchaser failed to raise timely requisitions; the complained‑of steel frame was attached to an external wall expressly excluded from the Property and thus did not affect the vendor's title nor expose the purchaser to section 24 liability; accordingly the purchaser's late requisitions did not go to title and the vendor validly rescinded the Agreement, forfeited 10% deposit and was entitled to damages of HKD 11,850,000.
8 Dec 2000

TANG PING WAI AND ANOTHER v. BUILDING APPEAL TRIBUNAL AND ANOTHER

Citation

TANG PING WAI AND ANOTHER v. BUILDING APPEAL TRIBUNAL AND ANOTHER
Court

Court of Appeal
Case number

CACV405/2000

Leave to apply for judicial review was properly refused because the structures were undoubtedly unauthorised and demolition orders were justified regardless of the safety certificate; the Appeal Tribunal was entitled to discount the certificate where it relied on third‑party opinion; the applicants therefore failed to establish an arguable case and the appeal was dismissed.

Hong Kong Case Law

香港特別行政區 訴 啓運發展有限公司

EVER FAMOUS LTD v. DONNY INTERNATIONAL LTD

TANG PING WAI AND ANOTHER v. BUILDING APPEAL TRIBUNAL AND ANOTHER

香港特別行政區訴啓運發展有限公司