Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Assignment and mortgage

Legal area

Court

3 Sept 2012

THE INCORPORATED OWNERS OF CHUNG YUEN MANSION v. FULLY KING TRADING LTD

Citation

THE INCORPORATED OWNERS OF CHUNG YUEN MANSION v. FULLY KING TRADING LTD
Court

Lands Tribunal
Case number

LDBM15/2012

The DMC did not reserve the exclusive use of the two Areas (and the Yards) to any owner; assignments and the mortgage are subject to the DMC and cannot confer exclusive possession of areas not reserved by the DMC; therefore under BMO s.2 the Areas and Yards are common parts and the Applicant is entitled to a declaration to that effect.
19 Dec 1985

TAO YUN COMPANY LIMITED v. WOO HAI LING JIMMY

Citation

TAO YUN COMPANY LIMITED v. WOO HAI LING JIMMY
Court

Court of First Instance
Case number

HCA6531/1984

The court found no repudiatory breach by the vendor: the alleged building regulation breaches and alterations (including conversion of shop/common areas to a restaurant and minor toilet alterations) were either not breaches or were insubstantial/technical and within the vendor's reserved rights; physical access from Stanley Street existed; the Agreement and Deed of Mutual Covenant reserved vendor rights over common parts so purchaser's access was not substantially impaired; mortgagees had no real prospect of refusing reassignment. Defendant was therefore in breach for failing to complete; pla…