Hong Kong Case Law: Decisions & Judgments

Topic

Unauthorised building works (ubws)

Legal area

Court

26 Jun 2024

FORTUNE FRIEND LTD AND OTHERS v. APPEAL TRIBUNAL (BUILDINGS)

Citation

[2024] HKCFI 1569
Court

Court of First Instance
Case number

HCAL2320/2023

The court found procedural unfairness and irrationality in the BAT's Determination: BAT failed to fairly or rationally address the language discrepancy, inadequately evaluated conflicting expert evidence as to demolition risks and structural integrity, and relied on a decisional authority without giving parties an opportunity to address it; accordingly leave for judicial review on Grounds 1,2 and 4 was granted, the Determination was quashed and the appeals remitted to the BAT for full hearings.
26 Jan 2024

嘉威大厦(渣華道)業主立案法團 v. 張振傑 AND ANOTHER

Citation

[2024] HKLdT 9
Court

Lands Tribunal
Case number

LDBM82/2019

On the evidence the Tribunal found the June–July 2020 correspondence established an agreement between Applicant (via consultant PWL) and Man Yuen to carry out the outstanding and external wall works (a New Contract) but declined to substitute or quantify Man Yuen’s entitlement absent Man Yuen’s participation and proper valuation; non‑compliance with s20A BMO does not render that New Contract automatically void and the court will not declare it voidable without allowing affected contracting party and owners to be heard; R1 was not responsible for the delay to completion but R1 must indemnify A…
22 Oct 2020

MULTI ELITE LTD v. LI YAN PING AND ANOTHER

Citation

[2020] HKCFI 2689
Court

Court of First Instance
Case number

HCA1486/2014

On the facts the waiver clause in the Shop 4 appendix was drafted in clear, ordinary language and, taken with the factual matrix, fairly alerted a reasonable purchaser to the risk of unauthorised alterations/UBWs; the purchaser knowingly accepted that risk by signing the PASP and appendix. Defendant 1 had no actual knowledge of the alleged UBWs; even if knowledge were alleged the operative issue is construction of the waiver. Purchaser was therefore precluded from refusing completion on the basis of the alleged UBWs and repudiated the PASP; defendant 1 validly forfeited the deposits. Defendan…
11 Nov 2011

KO SIU LUEN, LOUISA AND OTHERS v. APPEAL TRIBUNAL (BUILDINGS)

Citation

KO SIU LUEN, LOUISA AND OTHERS v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of First Instance
Case number

HCAL67/2010

The Appeal Tribunal erred in law by importing the Wednesbury public law standard into its statutory de novo appellate function under s.50 and thereby fettered its own discretion by failing to consider fresh evidence and exercise an independent merits-based discretion; the Determination is quashed and the matter is remitted to the Tribunal to reconsider the exercise of its discretion afresh.
16 Jul 2010

WONG FO YEUNG v. WIN CAPTIAL (HK) LTD AND OTHERS

Citation

WONG FO YEUNG v. WIN CAPTIAL (HK) LTD AND OTHERS
Court

Court of First Instance
Case number

HCPI1176/2002

The canopy collapse was primarily caused by severe corrosion and failure to maintain the canopy (major cause) with contributory causes including long-term heavy storage in the unauthorised Hut, recent debris loading and vibration from demolition, and a diagonal scaffolding brace resting on the canopy edge; having weighed causative potency and relative blameworthiness the court apportioned responsibility 35% to the 1st defendant and 65% to the 4th defendant and ordered that the 1st defendant contribute 35% of the plaintiffs' costs on the issue of quantum while reserving other costs and grantin…

Hong Kong Case Law

FORTUNE FRIEND LTD AND OTHERS v. APPEAL TRIBUNAL (BUILDINGS)

嘉威大厦(渣華道)業主立案法團 v. 張振傑 AND ANOTHER

MULTI ELITE LTD v. LI YAN PING AND ANOTHER

KO SIU LUEN, LOUISA AND OTHERS v. APPEAL TRIBUNAL (BUILDINGS)

WONG FO YEUNG v. WIN CAPTIAL (HK) LTD AND OTHERS