Hong Kong Case Law: Decisions & Judgments

Topic

Locus standi of incorporated owners

Legal area

Court

11 Sept 2023

THE INCORPORATED OWNERS OF ON NING GARDEN v. WONG MO CHI

Citation

[2023] HKDC 1276
Court

District Court
Case number

DCCJ3473/2022

The court held that IO has locus standi at common law to sue for defamation; the Statement of Claim sufficiently pleaded publication, reference to IO and defamatory meanings; no defence was filed so implied admission entitled IO to default judgment; on the pleaded facts there was a real prospect of repetition justifying an injunction; damages to be assessed and costs ordered nisi.
3 Aug 2015

THE INCORPORATED OWNERS OF TUNG LO COURT v. TSUI WAI YIP

Citation

THE INCORPORATED OWNERS OF TUNG LO COURT v. TSUI WAI YIP
Court

Court of Appeal
Case number

CACV27/2015

The IO has locus at common law to sue for defamation; only document D3 sufficiently referred to the IO; D3 went beyond a reasonable, proportionate response and was not protected by qualified privilege because it was retaliatory and made with malice; damages for the actionable publication (D3) are assessed at HK$200,000; the trial costs order was set aside and no order as to costs for the trial was made; defendant awarded costs of the appeal.
30 Jun 1999

INCORPORATED OWNERS OF MIRADOR MANSION v. TECOWIN DEVELOPMENT LTD.

Citation

INCORPORATED OWNERS OF MIRADOR MANSION v. TECOWIN DEVELOPMENT LTD.
Court

Court of First Instance
Case number

HCA4069/1996

The court held the restrictive covenant in the 1962 assignment could not be enforced by the Incorporated Owners because the covenant was not shown to be expressed and intended to benefit all other owners and enforcement lay with the covenantee (CTT) and its successors; accordingly the Plaintiff lacked standing to enforce the restrictive covenant. Separately the court held the Incorporated Owners had standing under the Building Management Ordinance to enforce the Deed of Mutual Covenant and found the lower levels of the machine rooms are common parts, the Defendant unlawfully blocked vents and…

Hong Kong Case Law

THE INCORPORATED OWNERS OF ON NING GARDEN v. WONG MO CHI

THE INCORPORATED OWNERS OF TUNG LO COURT v. TSUI WAI YIP

INCORPORATED OWNERS OF MIRADOR MANSION v. TECOWIN DEVELOPMENT LTD.