Hong Kong Case Law: Decisions & Judgments

Topic

Fire safety compliance

Legal area

Court

1 Nov 2024

THE INCORPORATED OWNERS OF FEDERAL CENTRE 對 DUDJOM BUDDHIST ASSOCIATION INTERNATIONAL LTD

Citation

[2024] HKLdT 90
Court

Lands Tribunal
Case number

LDBM60/2020

The Tribunal found the respondent failed to prove the potable and flushing sumps and pumps had been relocated unlawfully after building completion; key archival plumbing plans relied upon by respondent lacked approval or were ambiguous and did not displace the approved architectural and firefighting plans. The respondent, from about 2006, repeatedly imposed excessive conditions and obstructed access contrary to the deed and BMO s40; that obstruction materially delayed statutory maintenance and firefighting works. Counterclaims for unlawful alteration and for maintenance failures were dismisse…
19 Apr 2021

SUCCESS ACTIVE LTD v. HARBOURVIEW INTERNATIONAL HOLDINGS LTD AND OTHERS

Citation

[2021] HKLdT 24
Court

Lands Tribunal
Case number

LDCS31000/2018

On the evidence and expert reports the Tribunal was satisfied redevelopment of the Lots was justified due to the age and state of repair; the applicant met the statutory ownership threshold (applying the 2010 Notice lowering threshold to 80%); the applicant took reasonable steps to acquire minority interests; accordingly a compulsory sale order was made and sale by public auction ordered with a reserve price set at HKD 300,000,000 and trustees appointed.
4 Mar 2011

WONG KWAN YEE v. THE INCORPORATED OWNERS OF DIAMOND MANSION (NOS. 466 468, LOCKHART ROAD) AND ANOTHER

Citation

WONG KWAN YEE v. THE INCORPORATED OWNERS OF DIAMOND MANSION (NOS. 466 468, LOCKHART ROAD) AND ANOTHER
Court

Court of First Instance
Case number

HCA2576/2007

The court found on the balance of probabilities that the opening existed from at least March 1965 and was used sufficiently to establish an easement by long user; the defendant failed to prove the opening was illegal or that the plaintiff abandoned the easement; accordingly a declaration of right of way was granted but mandatory reinstatement was refused and enforcement of remedial works was left to the Building Authority under s24 of the Buildings Ordinance.
20 Dec 2001

KWONG CHIU v. SUNSHINE HEIGHTS LTD.

Citation

KWONG CHIU v. SUNSHINE HEIGHTS LTD.
Court

Court of First Instance
Case number

HCPI70/2000

The court found that the 1st and 2nd Defendants, as owner and manager retaining control of common parts, breached their duty by permitting combustible fitting out and failing to ensure adequate fire prevention and functioning sprinklers and alarms; the 4th Defendant breached its maintenance/contractual obligations by failing to ensure the sprinkler system would operate (gate valves left closed); those breaches materially contributed to the rapid development of toxic smoke that caused 17 deaths; judgment entered for plaintiffs against the 1st/2nd and 4th Defendants with liability apportioned 6…
20 Dec 2001

KWONG CHIU v. SUNSHINE HEIGHTS LTD.

Citation

KWONG CHIU v. SUNSHINE HEIGHTS LTD.
Court

Court of First Instance
Case number

HCPI69/2000

The 1st/2nd Defendants breached their occupiers' duty by acquiescing in and permitting high-risk combustible fittings in common parts and failing to ensure adequate fire protection, alarms and enforcement of fire doors; the 4th Defendant was negligent in installation/maintenance of the sprinkler system (gate valves not open and inaccessible), and those breaches materially contributed to the deaths; judgment entered for Plaintiffs against 1st/2nd and 4th Defendants with apportionment 60% to 1st/2nd and 40% to 4th Defendant.
20 Dec 2001

KWONG CHIU v. SUNSHINE HEIGHTS LTD.

Citation

KWONG CHIU v. SUNSHINE HEIGHTS LTD.
Court

Court of First Instance
Case number

HCPI66/2000

The court held the 1st/2nd Defendants breached their occupier/managerial duties by permitting and ignoring high fire-risk fitting out, failing to ensure working sprinklers, alarms and closed fire doors; the 4th Defendant breached its contractual/maintenance duties by failing to ensure sprinkler gate valves were open and maintain the system; these breaches materially contributed to the deaths and liability is apportioned 60% to the 1st/2nd Defendants and 40% to the 4th Defendant.
20 Dec 2001

KWONG CHIU v. SUNSHINE HEIGHTS LTD.

Citation

KWONG CHIU v. SUNSHINE HEIGHTS LTD.
Court

Court of First Instance
Case number

HCPI67/2000

The court held that the 1st/2nd Defendants breached their occupiers' duty by permitting combustible fitting out of common parts and failing to ensure effective fire protection (functional sprinklers, alarms, enforcement of fire doors), and that the 4th Defendant breached its contractual/maintenance duties by failing to ensure sprinkler gate valves were left and maintained open; those breaches materially contributed to the deaths by smoke inhalation and therefore judgment was entered for the Plaintiffs against the 1st/2nd and 4th Defendants with damages to be assessed and costs; liability appo…
2 Nov 2001

EVER TRUE LTD. & OTHERS v. CHASERFAIR PROPERTY MANAGEMENT LTD. & ANOTHER

Citation

EVER TRUE LTD. & OTHERS v. CHASERFAIR PROPERTY MANAGEMENT LTD. & ANOTHER
Court

Court of First Instance
Case number

HCA4633/2001

The court granted the interlocutory injunction because plaintiffs demonstrated serious issues to be tried and the balance of convenience overwhelmingly favored injunctive relief: the 1st defendant was obstructing the new manager from performing management duties, there were immediate safety and licensing concerns and damages would be inadequate; accordingly the 1st defendant was restrained from obstructing JLL until trial or further order.