Hong Kong Case Law: Decisions & Judgments

Topic

Non-derogation of grant

Legal area

Court

3 Mar 2025

交通城大廈業主立案法團 v. PAKATOWER LTD

Citation

[2025] HKLdT 7
Court

Lands Tribunal
Case number

LDBM151/2020

The Tribunal held that the Others Unit (including the housing/utility premises and the semi-circle area with the concrete tank room) are privately owned units under the DMC and Pakatower is entitled to exclusive use, occupation and enjoyment of the Disputed Premises; IO does not hold a proprietary exclusive occupation right but only the Manager's right of access under clause 1(d); IO must deliver vacant possession within six months (allowing common facilities in existence at execution of the DMC to remain), pay mesne profits as assessed, IO's counterclaims for management fees and repair contr…
3 Mar 2025

PAKATOWER LTD v. THE INCORPORATED OWNERS OF TRANSPORT CITY BUILDING

Citation

[2025] HKLdT 7
Court

Lands Tribunal
Case number

LDBM75/2019

The Tribunal held that the Housing Premises (including the Disputed Semi-circle Area and internal Disputed Room) form part of the Others Unit and are privately held by Pakatower; IO did not obtain exclusive occupation rights under the DMC but only the Manager's right of access; IO must deliver vacant possession within six months (subject to retention of Common Facilities that existed at DMC execution); IO must pay mesne profits calculated at HK$3,307 per month (adjusted annually by the Private Flatted Factories index) from 1 May 2015 until delivery and arrears; IO's counterclaims for outstand…
26 Jun 2020

ASIAN WELL TECHNOLOGIES LTD v. LEE YEE MAN AND OTHERS

Citation

[2020] HKCA 521
Court

Court of Appeal
Case number

CACV595/2018

The application for leave to appeal was dismissed because the questions advanced did not meet the Court of Final Appeal threshold of great and general public importance or were academic or fact-specific matters properly determined by the trial tribunal; therefore leave was refused and costs awarded to the defendants.
26 Oct 2012

LAU SHUN PING DANNY v. LAI HANG VA

Citation

LAU SHUN PING DANNY v. LAI HANG VA
Court

Court of First Instance
Case number

HCA1553/2009

The defendant failed to prove that the plaintiff made the alleged representations, assurances, or the oral Compliance and Rental Suspension Agreements; the plaintiff did not disclose Building Order and Fire Safety Direction before signing but believed they did not affect occupation; only the covenant of quiet enjoyment was implied; plaintiff complied with the Building Order and the Fire Safety Direction did not apply; water leakage did not impede ordinary use or quiet enjoyment; accordingly judgment entered for plaintiff for specified sums and the defendant's counterclaim dismissed.

Hong Kong Case Law

交通城大廈業主立案法團 v. PAKATOWER LTD

PAKATOWER LTD v. THE INCORPORATED OWNERS OF TRANSPORT CITY BUILDING

ASIAN WELL TECHNOLOGIES LTD v. LEE YEE MAN AND OTHERS

LAU SHUN PING DANNY v. LAI HANG VA