Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Unauthorized structure

  • 28 Feb 2019

    THE INCORPORATED OWNERS OF SUN HO HOUSE v. SO WING LEUNG

    Citation
    [2019] HKLdT 12
    Court
    Lands Tribunal
    Case number
    LDBM224/2017

    The court found the roof structure to be an illegal unauthorized structure (no approved plans and a registered demolition order with appeal dismissed), that it encroached on common parts and constituted substantial structural alteration and an alteration of the building's appearance, thereby breaching Clauses 4.01 and 4.06 of the DMC; plants on the roof obstructed access to water meters contrary to Clause 2.02. On that basis mandatory and prohibitory injunctions were granted and costs ordered against the respondent.

  • 17 Feb 2011

    KIMBERLEY ASSETS MANAGEMENT LTD v. GOLDEN STAR OVERSEAS LTD AND OTHERS

    Citation
    KIMBERLEY ASSETS MANAGEMENT LTD v. GOLDEN STAR OVERSEAS LTD AND OTHERS
    Court
    Lands Tribunal
    Case number
    LDBM291/2004

    The Tribunal preferred the joint expert (Dr Lam): the primary cause of leakage was a defective waterproofing system (and peripheral concrete pores/cracks) not the unauthorized steel structure; the waterproofing layer is a common part under the Building Management Ordinance; on that basis liability for remediation and damages rests solely with the Incorporated Owners (3rd Respondent); mandatory injunction and compensatory damages awarded to the Applicant; the 1st Respondent's claim dismissed.