1 Feb 2024
THE INCORPORATED OWNERS OF CHUNG WUI APARTMENTS v. WUI FU COMPANY LTD
- Citation
- [2024] HKLdT 10
- Court
- Lands Tribunal
- Case number
- LDBM360/2014
The Tribunal refused most review grounds because they merely re-argued issues decided at trial where ample evidence (accepted lay evidence, contemporaneous records, photos/videos and weighty expert opinion including CCTV and testing) supported findings on malfunctioning, causation and loss; the novel interest/delay argument was disallowed as prejudicial and not raised at trial; the Tribunal exercised s.11A to vary the injunctions (Ground VI) to clarify enforceable obligations to comply with BD orders and to eliminate sewage backflow risk, and allowed IO to withdraw one review ground, but othe…