16 Sept 2024
CHUI MARJORIE CHE YING AND ANOTHER v. APPEAL TRIBUNAL (BUILDINGS) AND ANOTHER
- Citation
- [2024] HKCA 873
- Court
- Court of Appeal
- Case number
- CACV291/2022
On proper construction s28(3) applies to drains or sewers that serve the whole building or a part of it and 'owner of such building' means the owner(s) of the part(s) served by the defective drain/sewer; the BA has no statutory discretion to pick and choose among co-owners where the identified defective drain exclusively serves a particular unit; EBD Manual §12(b)(ii) is based on an incorrect construction of s28(3) though the Repair Order in this case was validly served on the 11B owners because the Pipe exclusively served 11B.