Hong Kong Case Law: Decisions & Judgments

Topic

Mandatory building inspection scheme

Legal area

Court

12 Dec 2025

THE INCORPORATED OWNERS OF GRENVILLE HOUSE v. WONG TAK KEUNG STANLEY AND ANOTHER

Citation

[2025] HKCA 1104
Court

Court of Appeal
Case number

CACV344/2024

The Court held that although owners’ corporations were required to comply with relevant COP provisions (including [3.6], [7.1] and [7.2] of the 2018 COP), the statutory scheme did not provide an owner with a court‑enforceable right to an order for inspection of tender documents under the 2018 BMO or COP; s20A(7) was inapplicable because the proceedings were not 'in relation to a contract for the procurement' and the Respondents were not contracting parties, and the statutory consequences and remedies for non‑compliance are exhaustively contained in the BMO provisions and s44(2); accordingly t…
21 May 2025

LEAD WELL INVESTMENTS LTD v. QUALI-WELL DEVELOPMENT LTD

Citation

[2025] HKCA 457
Court

Court of Appeal
Case number

CAMP221/2024

The renewed application for leave was dismissed because the defendant had raised a triable issue or arguable defence that a willing purchaser should have accepted the Offer (deduction of HK$460,000 and undertaking), the plaintiff's grounds were not reasonably arguable and therefore the intended appeal had no reasonable prospect of success.
13 Sept 2024

LEAD WELL INVESTMENTS LTD v. QUALI-WELL DEVELOPMENT LTD

Citation

[2024] HKCFI 2264
Court

Court of First Instance
Case number

HCA1914/2020

The defendant raised an arguable defence by offering to stakehold HK$460,000 based on available estimates and by undertaking to pay any shortfall; the purchaser did not seek fortification or propose a counter‑offer; the MBIS works relate to common parts only and the stakeholding plus undertaking is at least arguably sufficient to provide adequate provision to discharge the MBIS Notice — therefore summary judgment was not appropriate and the Master's dismissal of the summary judgment application was upheld.
15 Dec 2023

THE INCORPORATED OWNERS OF POTEK HOUSE v. KA YE CATERING MANAGEMENT CO LTD AND ANOTHER

Citation

[2023] HKLdT 74
Court

Lands Tribunal
Case number

LDBM197/2021

Applicant entitled to costs of the Application and of the Counterclaim against the 2nd respondent because the applicant substantially obtained the relief sought and the 2nd respondent failed to show good reason to depart from the usual rule on discontinuance; costs awarded on solicitor-and-own-client basis and with certificate for counsel to be taxed on District Court scale if not agreed.

Hong Kong Case Law

THE INCORPORATED OWNERS OF GRENVILLE HOUSE v. WONG TAK KEUNG STANLEY AND ANOTHER

LEAD WELL INVESTMENTS LTD v. QUALI-WELL DEVELOPMENT LTD

LEAD WELL INVESTMENTS LTD v. QUALI-WELL DEVELOPMENT LTD

THE INCORPORATED OWNERS OF POTEK HOUSE v. KA YE CATERING MANAGEMENT CO LTD AND ANOTHER