Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Enforcement by building authority

Legal area

Court

19 May 2010

GOODWELL PROPERTY MANAGEMENT LTD v. NG SHUNG KWOK DICKSON AND ANOTHER

Citation

GOODWELL PROPERTY MANAGEMENT LTD v. NG SHUNG KWOK DICKSON AND ANOTHER
Court

District Court
Case number

DCCJ3409/2007

The additions and alterations to the flat roofs altered the external appearance and were erected without prior written approval, breaching Clauses 17 and 25 of the DMC; defendants failed to prove acquiescence, necessity or adequate justification; only nominal damages were proven for the lost abalones and fish maw; mandatory injunction for removal and prohibitory injunction were ordered and costs largely awarded to the plaintiff.
2 Dec 1994

LUI KWOK WAI AND ANOTHER v. CHAN YIU HING AND ANOTHER

Citation

LUI KWOK WAI AND ANOTHER v. CHAN YIU HING AND ANOTHER
Court

Court of First Instance
Case number

HCMP3246/1994

An occupation permit or a certificate of exemption is a relevant and necessary document to prove title to a building in the New Territories; absence of either document creates a real risk of enforcement by the Building Authority or Crown remedies and therefore renders the vendor's title defective and insufficiently proved. A District Lands Office letter is not equivalent to a certificate of exemption or a waiver of statutory requirements.