Hong Kong Case Law: Decisions & Judgments

Topic

Restrictive covenants (deed of mutual covenant)

Legal area

Court

13 Jun 2024

URBAN PROPERTY MANAGEMENT LTD 對 CHAN YAM WAN TOMMY 及另一人

Citation

[2024] HKDC 936
Court

District Court
Case number

DCCJ464/2024

Given the second defendant's failure to file a defence, the plaintiff's pleaded evidence that the occupier placed goods obstructing common parts in breach of the deed of mutual covenant and BMO s34I, and the second defendant's acceptance of the agreed order, the court granted the injunction restraining placement, use for commercial/private purposes, obstruction and nuisance in respect of the common areas and awarded costs of HK$25,000 to be paid by 3 July 2024.
16 Mar 2018

FELAN INVESTMENT LTD v. SARWIN INDUSTRIES LTD AND ANOTHER

Citation

[2018] HKLdT 17
Court

Lands Tribunal
Case number

LDBM7/2015

The Tribunal found A had substantially obtained the relief sought because the outdoor stack-up units were removed/relocated so as not to obstruct the display window; R1's uncooperative and evasive conduct about ownership justified departure from the usual rule on discontinuance; accordingly R1 must bear the majority of A's costs (90%) and must directly pay R2's costs of defending A's claim; R1 must also pay the bulk of the costs of the costs argument (80%) with R2 paying 20%; costs on District Court scale and to be taxed if not agreed.
23 Jun 2003

GREAT SOURCE ENTERPRISE LTD v. LAM KA ON ALLAN AND ANOTHER

Citation

GREAT SOURCE ENTERPRISE LTD v. LAM KA ON ALLAN AND ANOTHER
Court

Lands Tribunal
Case number

LDBM193/2002

The canopies were building works carried out without required approvals and without the manager's written consent, thereby breaching the Buildings Ordinance and specified Clauses of the Conditions and the Deed of Mutual Covenant; the canopies caused nuisance and interference with the Applicant's enjoyment; on the facts the balance of convenience favors a mandatory injunction to remove and reinstate and a prohibitory injunction to prevent re-erection, and a clear declaratory judgment of the specific breaches is appropriate to prevent future disputes.

Hong Kong Case Law

URBAN PROPERTY MANAGEMENT LTD 對 CHAN YAM WAN TOMMY 及另一人

FELAN INVESTMENT LTD v. SARWIN INDUSTRIES LTD AND ANOTHER

GREAT SOURCE ENTERPRISE LTD v. LAM KA ON ALLAN AND ANOTHER