Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Unauthorized structures (cocklofts)

Legal area

Court

27 Sept 2004

SILVER PIONEER INTERNATIONAL LTD v. GOOD ONWARDS CO LTD

Citation

SILVER PIONEER INTERNATIONAL LTD v. GOOD ONWARDS CO LTD
Court

Court of First Instance
Case number

HCMP4807/2003

The Sub‑DMC is a document affecting title and required to be executed as a deed; the Defendant failed to produce Hillgem's board resolution proving due execution and therefore failed to show a good title prior to completion; section 23A CPO did not apply to the present contract and cannot be invoked prospectively to excuse non‑production now; conversely, the Defendant's architect certificates satisfactorily answered the requisition on the partitioning walls and cocklofts as exempted non‑structural works under Buildings Ordinance s41(3); therefore the first requisition was not adequately answe…
12 Feb 1999

JUMBO KING LTD. v. FAITHFUL PROPERTIES LTD. AND OTHERS

Citation

JUMBO KING LTD. v. FAITHFUL PROPERTIES LTD. AND OTHERS
Court

Court of Appeal
Case number

CACV180/1998

Appeal allowed: the Court held that the vendors could validly assign exclusive use of the utility rooms and flat roofs as incidents of their undivided shares under Clause 4(ii) of the Sub-Deed; the utility rooms were not common areas (and in any event that objection was raised out of time); the purchaser's complaint about unauthorised cocklofts was barred by clause 18(e) and by the purchaser's failure to raise timely requisitions, so the purchaser wrongfully repudiated the contract.