Hong Kong Case Law: Decisions & Judgments

Topic

Acquiescence/waiver/laches

Legal area

Court

16 Oct 2025

THE INCORPORATED OWNERS OF GOLDEN COURT v. FLYWAY INVESTMENT LTD

Citation

[2025] HKLdT 60
Court

Lands Tribunal
Case number

LDBM122/2020

The Cover Yard and associated staircases/walls are common parts under the DMC and BMO; the Staircase Wall opening and sanitary installations in the Cover Yard are unauthorised building works and breaches of the DMC and BMO; the IO did not have requisite knowledge to be estopped by acquiescence in respect of the Cover Yard alterations and the respondent cannot rely on acquiescence or waiver; mandatory injunctions to reinstate the common parts and removal of UBWs are granted and mesne profits for trespass are payable, to be quantified per directions.
23 Dec 2022

THE INCORPORATED OWNERS OF KAM LUK BUILDING v. 吳靜燕

Citation

[2022] HKCA 1896
Court

Court of Appeal
Case number

CACV16/2021

The Court of Appeal held the trial judge erred in treating the Wu Kam licence as irrelevant to adverse possession and in rejecting that the occupiers were licensees of Ng Senior; the defendant failed to establish adverse possession or equitable defences against the incorporated owners; the District Court judgment was set aside and the plaintiff granted relief (demolition, reinstatement, vacant possession, mesne profits, interest and costs).
7 May 2019

SIN CHAN KAM v. THE INCORPORATED OWNERS OF WAI SUN BUILDING

Citation

[2019] HKLdT 32
Court

Lands Tribunal
Case number

LDBM43/2016

Tribunal found on balance that the pipe alterations (other than the Altered Vent Pipe and New Pipe 3 U-trap) were carried out with the knowledge and consent of the applicant's agent (Hang Seng) and that the applicant acquiesced for an extended period so equitable relief for demolition/reinstatement was barred; the respondent was liable for water seepage arising from defective common parts and was ordered to repair those common parts and reinstate affected premises within a reasonable time (3 months); the applicant's claim for rental damages was dismissed for failure to prove causation and fai…

Hong Kong Case Law

THE INCORPORATED OWNERS OF GOLDEN COURT v. FLYWAY INVESTMENT LTD

THE INCORPORATED OWNERS OF KAM LUK BUILDING v. 吳靜燕

SIN CHAN KAM v. THE INCORPORATED OWNERS OF WAI SUN BUILDING