Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trespass/nuisance
  • 10 Dec 1974

    HONG YIP SERVICE CO LTD v. DAVID WONG AND OTHERS

    Citation
    HONG YIP SERVICE CO LTD v. DAVID WONG AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA2610/1973

    Plaintiff's claim was dismissed because (1) the Deed's express power to sue was limited to recovery of contributions and did not grant the Manager authority to obtain the remedies sought; (2) plaintiff failed to prove the defendants' works were building works contrary to the Buildings Ordinance; and (3) on the merits the defendants were entitled to erect protective coverings within their exclusive parts for shelter and protection so long as they did not damage or inconvenience others and there was no evidence of such harm.