28 Jan 2016
LING LEUNG KIT HING AND ANOTHER v. WORTH RUSSELL JAMES AND OTHERS
- Citation
- LING LEUNG KIT HING AND ANOTHER v. WORTH RUSSELL JAMES AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA8/2015
Because the pleaded defect (the waterproofing membrane and parapet) falls within the common parts and s.16 BMO vests rights and liabilities in the incorporated owners to the exclusion of individual owners, the plaintiffs lacked locus standi to sue the 1st defendant; the plaintiffs' proposed amendments were speculative, contradicted prior pleadings and lacked factual particularity and therefore did not disclose an arguable cause of action against the 1st defendant, justifying striking out and refusal of leave to amend.