Hong Kong Case Law: Decisions & Judgments

Topic

Successor‑in‑title liability

Legal area

Court

21 Jun 2023

東樂大樓業主立案法團 v. 黃志剛

Citation

[2023] HKLdT 34
Court

Lands Tribunal
Case number

LDBM72/2018

On balance of probabilities the storm drain was altered by the owner/occupier of Flat 2D or predecessor by connecting storm drain to sewage pipes in breach of the DMC and s34I BMO; that alteration foreseeably caused the 4 May 2017 backflow which damaged the elevator; successor‑in‑title liability applies and applicant did not acquiesce, therefore damages and a mandatory injunction to reinstate the sewage pipes are warranted.
3 Oct 2016

THE INCORPORATED OWNERS OF KAM TAO, NGAN TAO AND HOI TAO BUILDINGS v. DURAPROGRESS LTD

Citation

THE INCORPORATED OWNERS OF KAM TAO, NGAN TAO AND HOI TAO BUILDINGS v. DURAPROGRESS LTD
Court

Lands Tribunal
Case number

LDBM300/2015

The Walls surrounding the Yard are external/exterior walls and common parts; the Canopies, being visible from above and covering an originally open yard, altered the appearance of the building and extended to the exterior; a negative covenant in the DMC binds successors-in-title so the respondent is liable for all Canopies; erection of the Canopies breached Clause 4(m)(i)&(ii) of the DMC and section 34I of the BMO; accordingly mandatory and prohibitory injunctions were granted to remove and prevent reinstallation of the Canopies.
4 Jan 2000

FAIRVIEW PARK PROPERTY MANAGEMENT LTD v. SUN WAI CHUN

Citation

FAIRVIEW PARK PROPERTY MANAGEMENT LTD v. SUN WAI CHUN
Court

Court of Appeal
Case number

CACV61/1999

Leave to appeal was refused because the construction point relied on by the defendant was not properly pleaded or taken at trial or on earlier appeal, the defendant elected to proceed on pleadings that did not disclose that point, and the defendant failed to show the point raised a question of great general or public importance warranting leave to the Court of Final Appeal.
4 Jan 2000

FAIRVIEW PARK PROPERTY MANAGEMENT LTD v. SUN WAI CHUN

Citation

FAIRVIEW PARK PROPERTY MANAGEMENT LTD v. SUN WAI CHUN
Court

Court of Appeal
Case number

CACV271/1998

Leave to appeal was refused because the construction point central to the application was not pleaded or taken at trial and the applicant had elected not to amend pleadings; the applicant failed to discharge the onus of showing the issue raised a question of great general or public importance and prejudice to the respondent weighed against permitting the unpleaded issue to be advanced on leave.

Hong Kong Case Law

東樂大樓業主立案法團 v. 黃志剛

THE INCORPORATED OWNERS OF KAM TAO, NGAN TAO AND HOI TAO BUILDINGS v. DURAPROGRESS LTD

FAIRVIEW PARK PROPERTY MANAGEMENT LTD v. SUN WAI CHUN

FAIRVIEW PARK PROPERTY MANAGEMENT LTD v. SUN WAI CHUN