Hong Kong Case Law: Decisions & Judgments

Topic

Section 17 building management ordinance

Legal area

Court

8 May 2014

LO YEE MAN AND ANOTHER v. SI CHUAN PROPERTY DEVELOPMENT CONSULTANTS LTD

Citation

LO YEE MAN AND ANOTHER v. SI CHUAN PROPERTY DEVELOPMENT CONSULTANTS LTD
Court

District Court
Case number

DCMP478/2014

Defendant failed to show good title before completion because it did not satisfactorily answer Requisition No.8 and did not eliminate the real risk that a tortious claim against the Incorporated Owners could result in a liability enforceable against individual owners; therefore defendant breached the sale agreement, wrongfully forfeited deposits and plaintiffs validly terminated and are entitled to return of deposits and damages.
31 Mar 2003

BUAPHAN WANLAYAPHOL AND ANOTHER v.THE INCORPORATED OWNERS of the FOREMOST BUILDING situate at 19-21 Jordan Road, Kowloon, Hong Kong AND ANOTHER

Citation

BUAPHAN WANLAYAPHOL AND ANOTHER v.THE INCORPORATED OWNERS of the FOREMOST BUILDING situate at 19-21 Jordan Road, Kowloon, Hong Kong AND ANOTHER
Court

Lands Tribunal
Case number

LDMP12/2002

The Tribunal found the external walls were not common parts because Clause 3(b) of the Deed of Mutual Covenant granted exclusive rights to the First Owner(s), and the Applicants failed to discharge the onus of showing the judgment arose from common parts; alternatively, even if the external walls were common parts, the Tribunal would refuse to exercise its discretion to grant leave because Applicants had not taken reasonable steps (notably winding up the incorporated owners) and it would be unjust to enforce the entire judgment against a single minor co-owner who was not culpable.
23 Nov 1998

LUCKY HEALTH INTERNATIONAL ENTERPRISE LTD. v. CHI KIT CO. LTD. AND ANOTHER

Citation

LUCKY HEALTH INTERNATIONAL ENTERPRISE LTD. v. CHI KIT CO. LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCMP4041/1997

The court found that although the defendants' agents had knowledge which was imputable to the defendant companies, the potential liability under section 17 BMO did not constitute an encumbrance on the property at the date of completion; therefore the defendants could show good title capable of being passed free from encumbrance and the plaintiff was not entitled to rescind. The plaintiff's claim was dismissed, with costs to the defendants (order nisi).

Hong Kong Case Law

LO YEE MAN AND ANOTHER v. SI CHUAN PROPERTY DEVELOPMENT CONSULTANTS LTD

BUAPHAN WANLAYAPHOL AND ANOTHER v.THE INCORPORATED OWNERS of the FOREMOST BUILDING situate at 19-21 Jordan Road, Kowloon, Hong Kong AND ANOTHER

LUCKY HEALTH INTERNATIONAL ENTERPRISE LTD. v. CHI KIT CO. LTD. AND ANOTHER