Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Commercial common areas

Legal area

Court

24 Mar 2023

黎偉雄 v. SINO ESTATES MANAGEMENT LTD AND ANOTHER

Citation

[2023] HKLdT 23
Court

Lands Tribunal
Case number

LDBM61/2020

Leave to appeal out of time refused and time extension declined because applicant was 32 days late, provided no genuine or excusable reason for delay, failed to show a reasonable prospect of success on merits (tribunal correctly construed the DMC on distinct facts and evidence; CA PPW decision not determinative here), and failed to prove monetary claims with sufficient evidence.
22 Dec 2022

黎偉雄 v. SINO ESTATES MANAGEMENT LTD AND ANOTHER

Citation

[2022] HKLdT 68
Court

Lands Tribunal
Case number

LDBM61/2020

On a unitary construction of the DMC against its factual and legal background (Approved Plans, architect's certificates, statutory declaration, allocation of undivided shares and CA Assignment), there were no Commercial Common Areas at G/F when the DMC was made; the Subject Areas are part of R2's private Commercial Accommodation and were not assigned as beneficial common areas to the Manager; therefore Applicant's claims fail and are dismissed.