Hong Kong Case Law: Decisions & Judgments

Topic

Breach of restrictive covenant

Legal area

Court

17 Oct 2025

THE INCORPORATED OWNERS OF MOUNTAINVILLE COURT, SHA TIN 對 WAN YEW SHU及另一人

Citation

[2025] HKLdT 59
Court

Lands Tribunal
Case number

LDBM99/2022

The deed (cl 4(g)) granted the manager a legal right to enter private units to repair common drainage; the only operative condition in the clause is reasonable notice (absent emergency), the applicant gave reasonable notice and took steps to comply with statutory orders, the respondents' conduct from Sept 2020 to July 2022 substantively obstructed the exercise of that right and prevented performance of cl 6(17) and statutory duties, and damages would not adequately remedy the ongoing public/common interest harm so a mandatory injunction should be granted; Citybase precludes owners imposing ex…
20 Feb 2023

WONG WAI PING AND ANOTHER v. THE INCORPORATED OWNERS OF MOUNT PARKER LODGE

Citation

[2023] HKDC 249
Court

District Court
Case number

DCCJ5891/2020

On the balance of probabilities the court found the waterproofing membrane failure at the localized main seepage area was caused by accelerated deterioration due to focal added loading and wind strain transmitted by the heavy main canopy through the small base plates, shortening the membrane's lifespan at those spots; the IO was not entitled to rely on the Exemption Clause as it does not apply to the IO; accordingly plaintiffs' claim for reimbursement was dismissed and plaintiffs ordered to pay the IO's costs (order nisi).
2 Mar 1995

THE INCORPORATED OWNERS OF HOI LUEN INDUSTRIAL CENTRE AND ANOTHER v. OHASHI CHEMICAL INDUSTRIES (HONG KONG) LTD

Citation

THE INCORPORATED OWNERS OF HOI LUEN INDUSTRIAL CENTRE AND ANOTHER v. OHASHI CHEMICAL INDUSTRIES (HONG KONG) LTD
Court

Court of Appeal
Case number

CACV3/1995

The defendant failed to prove acquiescence; the plaintiffs were under a duty to enforce the negative covenants in the Deed of Mutual Covenant (and could not have granted permission to violate them); the judge did not err in principle or act unreasonably in granting a mandatory injunction to compel demolition and removal of the cooling tower, so the appeal is dismissed.

Hong Kong Case Law

THE INCORPORATED OWNERS OF MOUNTAINVILLE COURT, SHA TIN 對 WAN YEW SHU及另一人

WONG WAI PING AND ANOTHER v. THE INCORPORATED OWNERS OF MOUNT PARKER LODGE

THE INCORPORATED OWNERS OF HOI LUEN INDUSTRIAL CENTRE AND ANOTHER v. OHASHI CHEMICAL INDUSTRIES (HONG KONG) LTD