22 Nov 2001
WONG SUI FUNG AND ANOTHER v. YIP SIU KEUNG
- Citation
- WONG SUI FUNG AND ANOTHER v. YIP SIU KEUNG
- Court
- Lands Tribunal
- Case number
- LDBM248/2000
The court found Structures II–V are buildings and their construction constituted building works requiring prior approval under Buildings Ordinance s.14(1); absence of prior approval meant breach of s.14(1) and consequential breach of DMC Clauses 11(d) and 11(n). Structure I did not breach the DMC because written consent from the Manager was obtained. However, injunctive relief was justified only for Structure III because applicants proved actual injury (land subsidence causing burst water supply pipe, gate displacement and water logging); no proven injury from Structures II, IV and V, so inju…