19 Dec 2018
LAM SUK YEE AND ANOTHER v. THE INCORPORATED OWNERS OF KAM KIN MANSION
- Citation
- [2018] HKCFI 2760
- Court
- Court of First Instance
- Case number
- HCA748/2011
The court held that the covered playground had been converted into domestic units and that conversion was unlawful and involved unauthorized building works; however the IO did not breach its duty of care because the applicable standard was set by the original non-domestic design of LG3/playground (permitting limited seepage) and plaintiffs failed to prove that the IO's maintenance or repairs were inadequate to that standard; IO entitled to require removal of unauthorized structures and was awarded nominal damages and costs on its counterclaim; plaintiffs' negligence and nuisance claims dismis…