Hong Kong Case Law: Decisions & Judgments

Topic

Compliance with building order

Legal area

Court

11 Sept 2025

THE INCORPORATED OWNERS OF KIN YUEN MANSION v. CHAN TIN KWONG AND OTHERS

Citation

[2025] HKDC 1552
Court

District Court
Case number

DCCJ5673/2021

Neither party was wholly successful: the Plaintiff succeeded on enforcement of the DMC and obligation to reinstate in compliance with the Building Order while the Defendants succeeded on adverse possession and acquiescence. Given the overall distribution of success, the impracticality and likely futility of detailed taxation that would probably cancel out costs, and the fairness of the original trial judge’s view surveying the whole battlefield, the existing costs order nisi should be made absolute and no order as to costs should be made on the summonses.
14 Dec 2004

THE INCORPORATED OWNERS OF PHASE ONE OF WHAMPOA ESTATE v. THE BANK OF COMMUNICATIONS

Citation

THE INCORPORATED OWNERS OF PHASE ONE OF WHAMPOA ESTATE v. THE BANK OF COMMUNICATIONS
Court

Lands Tribunal
Case number

LDBM251/2004

The contributions sought were for complying with a building order and thus constituted outgoings under s20(1)(b) and payments contemplated by s21(3), so contributions had to be fixed by the management committee in accordance with the DMC under s22; there was no valid management committee resolution or owner resolution fixing contributions consistent with the DMC, therefore the IO had no authority to collect the disputed sums and the Bank was entitled to repayment of the proven overpayment calculated under clause 11 of the DMC.

Hong Kong Case Law

THE INCORPORATED OWNERS OF KIN YUEN MANSION v. CHAN TIN KWONG AND OTHERS

THE INCORPORATED OWNERS OF PHASE ONE OF WHAMPOA ESTATE v. THE BANK OF COMMUNICATIONS