Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 34h bmo

Legal area

Court

19 Nov 2024

WU HUCHENG v. TIAN JIONG AND ANOTHER

Citation

[2024] HKDC 1902
Court

District Court
Case number

DCCJ4296/2021

On the balance of probabilities the Court found the source of the leakage was the Defendants' flat (water seepage from water facilities associated with the Defendants' master/guest bathroom, notably bathtub area), the Defendants had actual or constructive knowledge and failed to take reasonable steps to investigate and repair promptly, and are therefore liable for breach of relevant DMC clauses, section 34H BMO, negligence and nuisance; Plaintiff awarded specified special and general damages and interest.
22 Mar 2021

DONORA CO LTD v. THE INCORPORATED OWNERS OF TSUEN KAM CENTRE

Citation

[2021] HKLdT 17
Court

Lands Tribunal
Case number

LDBM176/2018

The external walls are common parts under the DMC and the BMO; they can be validly sub‑divided into Domestic, Commercial, Car Port and Building Common Areas as defined by the DMC and maintenance costs should be charged to the relevant category accounts; limited exclusive rights to affix advertisements or fittings do not give the developer exclusive possession or sole maintenance obligation; the parapet wall is part of the commercial external walls; accordingly Declarations (1), (2) and (4) are granted and Declaration (3) is refused.